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 1                                                               PART IB
 2
 3                                             OPERATION OF STATE GOVERNMENT
 4
 5   SECTION 1 - H63 - DEPARTMENT OF EDUCATION
 6
 7      1.1. (SDE: Appropriation Transfer Prohibition) The amounts appropriated herein for aid to subdivisions, allocations to school
 8   districts, or special line items shall not be transferred and must be expended in accordance with the intent of the appropriation,
 9   except that the department may transfer funds that are deducted and retained from a school district’s transportation allocation to
10   reimburse the department for the cost of unauthorized mileage. This transfer must be agreed upon by both the school district and
11   the department. Those funds may be transferred into the department’s school bus transportation operating account.
12      1.2. (SDE: DHEC - Comprehensive Health Assessment) All school districts shall participate, to the fullest extent possible, in
13   the Medicaid program by seeking appropriate reimbursement for services and administration of health and social services.
14   Reimbursements to the school districts shall not be used to supplant funds currently being spent on health and social services.
15      1.3. (SDE: EFA Formula/Base Student Cost Inflation Factor) To the extent possible within available funds, it is the intent of the
16   General Assembly to provide for 100 percent of full implementation of the Education Finance Act to include an inflation factor
17   projected by the Division of Budget and Analyses to match inflation wages of public school employees in the Southeast. The base
18   student cost for the current fiscal year has been determined to be $2,367 $2,476. In Fiscal Year 2006-07 2007-08, the total pupil
19   count is projected to be 677,092 683,601. The average per pupil funding is projected to be $4,357 $4,571 state, $1,086 $1,066
20   federal, and $5,333 $4,929 local. This is an average total funding level of $10,776 $10,566 excluding revenues of local bond
21   issues.
22      Any unallocated Education Finance Act funds at the end of the current fiscal year must be allocated to the school districts for
23   school building aid on a nonmatching basis on the same basis that districts receive Education Finance Act allocations and/or for
24   Summer School.
25      1.4. (SDE: EFA - Formula) The amount appropriated in Part IA, Section 1 for “Education Finance Act” shall be the maximum
26   paid under the provisions of Act 163 of 1977 (the South Carolina Education Finance Act of 1977) to the aggregate of all recipients.
27   The South Carolina Education Department shall develop formulas to determine the state and required local funding as stipulated in
28   the South Carolina Education Finance Act of 1977. Such formulas shall require the approval of the State Board of Education and
29   the Budget and Control Board. After computing the EFA allocations for all districts, the department shall determine whether any
30   districts’ minimum required local revenue exceeds the districts’ total EFA Foundation Program. When such instance is found, the
31   department shall adjust the index of taxpaying ability to reflect a local effort equal to the cost of the districts’ EFA Foundation
32   Program. The districts’ weighted pupil units are to be included in determination of the funds needed for implementation of the
33   Education Finance Act statewide.
34      In the event that the formulas as devised by the Department of Education and approved by the State Board of Education and the
35   Budget and Control Board should provide for distribution to the various school districts totaling more than the amount appropriated
36   for such purposes, subject to the provisions of this proviso, the Department of Education shall reduce each school district
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 1   entitlement by an equal amount per weighted pupil so as to bring the total disbursements into conformity with the total funds
 2   appropriated for this purpose. If a reduction is required in the state’s contribution, the required local funding shall be reduced by
 3   the proportionate share of local funds per weighted pupil unit. The Department of Education shall continually monitor the
 4   distribution of funds under the provisions of the Education Finance Act and shall make periodic adjustments to disbursements to
 5   insure that the aggregate of such disbursements do not exceed the appropriated funds.
 6      Notwithstanding any other provision of law, local districts shall not be mandated or required to inflate the base number in their
 7   respective salary schedules by any percentage greater than the percentage by which the appropriated base student cost exceeds the
 8   appropriated base student cost of the prior fiscal year.
 9      1.5. (SDE: Employer Contributions/Allocations) It is the intent of the General Assembly that the appropriation contained herein
10   for “Public School Employee Benefits” shall not be utilized to provide employer contributions for any portion of a school district
11   employee’s salary which is federally funded.
12      State funds allocated for school district employer contributions must be allocated by the formula and must be used first by each
13   district to cover the cost of fringe benefits for personnel required by the Defined Program, food service personnel and other
14   personnel required by law. Once a district has expended all state allocated funds for fringe benefits, the district may utilize food
15   service revenues to fund a proportionate share of fringe benefits costs for food service personnel.
16      The Department of Juvenile Justice and the Department of Corrections’ school districts must be allocated funds under the fringe
17   benefits program in accordance with criteria established for all school districts.
18      1.6. (SDE: Employer Contributions/Obligations) In order to finalize each school district’s allocations of Employer
19   Contributions funds for retiree insurance from the prior fiscal year, the Department of Education is authorized to adjust a school
20   district’s allocation in the current fiscal year accordingly to reflect actual payroll and payments to the Retirement System from the
21   prior fiscal year. In the event the Department of Education is notified that an educational subdivision has failed to remit proper
22   payments to cover Employee Fringe Benefit obligations, the Department of Education is directed to withhold the educational
23   subdivision’s state funds until such obligations are met.
24      1.7. (SDE: Governor’s School for Science & Math) Any unexpended balance on June 30 of the prior fiscal year of funds
25   appropriated to or generated by the Governor’s School for Science and Mathematics may be carried forward and expended in the
26   current fiscal year pursuant to the direction of the board of trustees of the school.
27      1.8. (SDE: Educational Responsibility/Foster Care) Notwithstanding any other provision of law, the responsibility for providing
28   a free and appropriate public education program for all children including disabled students is vested in the public school district
29   wherein a child of lawful school age resides in a foster home, group home, orphanage, or a state operated health care facility
30   including a facility for treatment of mental illness or chemical dependence and habilitation centers for mentally retarded persons
31   or persons with related conditions located within the jurisdiction of the school district. The districts concerned may agree upon
32   acceptable local cost reimbursement. If no agreement is reached, districts providing education shall receive from the district where
33   the child last resided before placement in a facility an additional amount equivalent to the statewide average of the local base
34   student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. If a child
35   from out of state is residing in a facility owned and/or operated by a for profit entity, the district providing educational services
36   shall be reimbursed by the for profit entity the local district’s local support per weighted pupil above the statewide average base
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 1   student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of the Education Finance Act. This also
 2   applies to John de la Howe School who also has the authority to seek reimbursement in any situation that the school district has
 3   participation in the placement of the student. John de la Howe school shall be reimbursed the local district's local support per
 4   weighted pupil above the statewide average base student cost multiplied by the appropriate pupil weighting as set forth in Section
 5   59-20-40 of the Education Finance Act. Participation will be evidenced by a written agreement from the IEP team or 504 team,
 6   written referral, or the school district initiating the placement process. School districts providing the education shall notify the
 7   nonresident district in writing within 45 calendar days that a student from the nonresident district is receiving education services
 8   pursuant to the provisions of the proviso. The notice shall also contain the student’s name, date of birth, and disabling condition if
 9   available. If appropriate financial arrangements cannot be effected between institutions of the state, including independent school
10   districts under the authority of the Department of Disabilities and Special Needs, and school districts, institutions receiving
11   educational appropriations shall pay the local base student cost multiplied by the appropriate pupil weighting. Children residing in
12   institutions of state agencies shall be educated with nondisabled children in the public school districts if appropriate to their
13   educational needs. Such institutions shall determine, on an individual basis, which children residing in the institution might be
14   eligible to receive appropriate educational services in a public school setting. Once these children are identified, the institution
15   shall convene an IEP meeting with officials of the public school district in which the institution is located. If it is determined by
16   the committee that the least restrictive environment in which to implement the child’s IEP is a public school setting, then the
17   school district in which the institution is located must provide the educational services. However, that school district may enter
18   into contractual agreements with any other school district having schools located within a 45 mile radius of the institution. The
19   cost for educating such children shall be allocated in the following manner: the school district where the child last resided before
20   being placed in an institution shall pay to the school district providing the educational services an amount equivalent to the
21   statewide average of the local base student cost multiplied by the appropriate pupil weighting as set forth in Section 59-20-40 of
22   the Education Finance Act; the school district providing the educational services shall be able to count the child for all funding
23   sources, both state and federal. The institution and school district, through contractual agreements, will address the special
24   education and related services to be provided to students. Should the school district wherein the institution is located determine
25   that the child cannot be appropriately served in a public school setting, then the institution may request a due process hearing
26   pursuant to the procedures provided for in the Individuals with Disabilities Education Act.
27      The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local
28   base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to
29   out-of-district students, shall be paid within 60 days of billing, provided the billing district has provided a copy of the invoice to
30   both the Superintendent and the finance office of the district being invoiced. Should the district not pay within 60 days, the billing
31   district can seek relief from the Department of Education. The department shall withhold EFA funding equal to the billing from
32   the district refusing to pay and submit the funding (equal to the invoice) to the billing school district.
33      The agency placing a child in any situation that requires changing school districts, must work with the schools to assure that all
34   required school records, including confidential records, are transferred from the sending to the receiving school within three
35   working days. School records to be transferred should include grade transcripts, state birth certificate, certificate of immunization,
36   social security card, attendance records, discipline records, IEP’s, psychological reports (or notation in the school records that a
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 1   psychological report on the child is available at the school district office) and any other records necessary for the appropriate
 2   placement of the child in the new school. School districts must release all records upon presentation of a court order or appropriate
 3   permission for confidential release. If evaluation or placement is pending, the receiving school district is responsible to secure
 4   information and to complete the placement. The receiving school will maintain appropriate confidentiality of all records received
 5   on a child.
 6      1.9. (SDE: Disabled/Preschool Children) The state funding for free appropriate public education provided for the three and
 7   four-year-old disabled children served under Act 86 of 1993, shall be distributed based on the district’s index of taxpaying ability
 8   as defined in Section 59-20-20(3). Five-year-old disabled children shall continue to be funded under the Education Finance Act of
 9   1977.
10      1.10. (SDE: Instruction in Juvenile Detention Centers) It shall be the responsibility of the school district where a local juvenile
11   detention center is located to provide adequate teaching staff and to ensure compliance with the educational requirements of this
12   State. Students housed in local detention centers are to be included in the average daily membership count of students for that
13   district and reimbursement by the Department of Education made accordingly.
14      1.11. (SDE: Revenue Authorization) The State Department of Education is hereby authorized to collect, expend, and carry
15   forward revenues in the following areas to offset the cost of providing such services: the sale of publications, manuals and forms,
16   the sale of Apple Tags, royalties, contributions, donations, foundation funds, special grants and contracts, brochures, photo copies,
17   listings and labels, Directory of South Carolina Schools, student health record cards, items to be recycled, and high school
18   diplomas and certificates; the collection of out-of-state and in-state investigation fees, registration fees for non-SDE employees,
19   recurring facility inspection fees, teacher certification fees; the handling of audio-visual film; the provision of contract computer
20   services to school districts and other state agencies, joint broadcast service to school districts, and education-related statistics
21   through agreement with the National Center for Education Statistics; the lease or sale of programs of television, audio or
22   microcomputer software; the collection of damage fees for instructional materials and the sale of unusable instructional materials;
23   sale of fuel; use and repair of transportation equipment; fees for Medicaid reimbursable transportation; the receipt of insurance and
24   warranty payments on Department of Education equipment and the sale of used school buses and support equipment. The
25   Department of Education is authorized to collect revenue for deposit into the State General Fund for testing material purchases and
26   test rescoring fees. The Department of Education is authorized to expend revenue collected for lost and damaged instructional
27   materials and the sale of unusable instructional materials for the purpose of contracting for the purchase and maintenance of a
28   statewide textbook inventory management system, provided that schools’ newly-adopted instructional materials needs are met first.
29      1.12. (SDE: School District Bank Accounts) Notwithstanding any other provisions of law, each school district in this State,
30   upon the approval of the district’s governing body, may maintain its own bank account for the purpose of making disbursement of
31   school district funds as necessary to conduct school district business and each county treasurer is hereby authorized to transfer such
32   amount as needed, upon receipt of a written order certified by the district governing body or their designee. Such order shall
33   contain a statement that such amount is for immediate disbursement for the payment of correct and legal obligation of the school
34   district.
35      1.13. (SDE: School Lunch Program Aid) The amount appropriated herein for School Lunch Program Aid shall be divided
36   among the District and/or County Boards of Education of the State upon the basis of the number of schools participating in the
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 1   School Lunch Program in each district during the prior school year. The travel expenses of the District and/or County School
 2   Lunch Supervisor shall be paid from this appropriation at the prevailing rate of mileage allowed by the State. These funds may be
 3   used as an aid in improving the School Lunch Program. These funds may not be used to supplement the salaries of school lunch
 4   supervisors. In the absence of a County Board of Education in multi-district counties, the funds will be divided among the school
 5   districts of the county on the basis of the number of schools participating in the School Lunch Program in each district during the
 6   prior school year.
 7      1.14. (SDE: Teachers/Temporary Certificates) Of the funds provided for teacher salaries funds may be used to pay salaries for
 8   those teachers holding temporary certificates which shall remain valid for the current school year if the local board of education so
 9   requests. The State Department of Education shall submit to the General Assembly by March 1 of the current fiscal year a report
10   showing by district the number of temporary certificates by category; including an enumeration of the certificates carried forward
11   from the previous year. No temporary certificate shall be continued more than twice.
12      1.15. (SDE: Travel/Outside of Continental U.S.) School District allocations from General Funds and EIA funds shall not be
13   used for travel outside of the continental United States. The International Baccalaureate Program shall be exempt from this
14   restriction.
15      1.16. (SDE: Year End Closeout) The State Department of Education is authorized to expend federal and earmarked funds (not
16   including state or EIA funds) in the current fiscal year for expenditures incurred in the prior year; however, state funds
17   appropriated in Part IA, Section 1, XIII, Aid to School Districts, for the Children’s Case Resolution System or private placements
18   for services provided to children with disabilities may be used for those expenditures in prior fiscal years. The department is also
19   authorized to use appropriated funds to pay for textbooks shipped in the fourth quarter of the prior fiscal year.
20      1.17. (SDE: Transportation Collaboration) The Department of Education School Bus Maintenance Shops shall be permitted, on
21   a cost reimbursable-plus basis, to deliver transportation maintenance and services to vehicles owned or operated by public agencies
22   in South Carolina.
23      School buses operated by school districts, other governmental agencies or head start agencies for the purpose of transporting
24   students for school or school related activities shall not be subject to state motor fuel taxes. Further, that school districts, other
25   governmental agencies or head start agencies may purchase this fuel, on a cost reimbursable-plus basis, from the Department of
26   Education School Bus Maintenance Shops.
27      1.18. (SDE: Assisting, Developing, and Evaluating Professional Teaching--ADEPT) Funds appropriated in Part IA, Section 1,
28   XIII.A-Aid to School Districts-Aid to Subdivision-APT/ADEPT, may be used for the implementation of the ADEPT system. Of
29   the funds appropriated, ten percent is to be used to pay colleges and universities for ADEPT services. The remaining funds will be
30   distributed to school districts, School for the Deaf and the Blind, John de la Howe School, Governor’s School for Arts and
31   Humanities and the Department of Juvenile Justice on a per induction contract teacher basis to offset the costs of implementing the
32   ADEPT program. Governing boards of public institutions of higher education may provide by policy or regulation for a tuition
33   waiver for the tuition for one three-hour course at that institution for those public school teachers who serve as supervisors for full-
34   time students completing education degree requirements. Of the funds appropriated in the prior fiscal year, unexpended funds may
35   be carried forward to the current fiscal year and expended for the same purposes.
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 1      1.19. (SDE: Summer Exit Exam Cost) Funds appropriated in Part IA, Section 1, III may be used to offset the costs of the
 2   summer administration of the Exit Examination. These funds may be expended to cover the costs related to developing, printing,
 3   shipping, scoring, and reporting the results of the assessments. Local school districts may absorb local costs related to
 4   administration.
 5      1.20. (SDE: Defined Program Personnel Requirements) Administrative positions requiring State Board of Education teacher or
 6   administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service
 7   change the individual reporting form to another method) from the hiring school district. Any public school district or special
 8   school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its EFA and
 9   or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this requirement
10   will be made part of the single audit process of local public school districts as monitored by the State Department of Education.
11   Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State Board of
12   Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
13      1.21. (SDE: Mathematics and Science Unit of the Office of Curriculum and Standards) Of the funds appropriated to the
14   Department of Education, $75,000 must be provided to the Charleston Science and Mathematics Center for curriculum
15   development at the South Carolina Aquarium.
16      1.22. (SDE: School Bus Insurance) The Department of Education shall maintain comprehensive and collision insurance or
17   self-insure state-owned buses. In no event shall the department charge local school districts for damages to the buses which are
18   commonly covered by insurance.
19      1.23. (SDE: Teacher Data Collection) Of the non-program funds appropriated to the Department of Education, the department
20   and the Commission on Higher Education shall share data about the teaching profession in South Carolina. The data sharing
21   should ensure (1) a systematic report on teacher supply and demand information and (2) data to determine classes being taught by
22   public school teachers out of field of their preparation. The data collection should include but not be limited to: classes/subjects
23   taught, number of students taught, percentage of teacher education graduates from South Carolina colleges/universities who go into
24   teaching, percentage of teacher education graduates who teach in public schools in South Carolina, percentage of new teachers who
25   leave the South Carolina teaching profession in the first three years of public school teaching due to unsuccessful evaluations,
26   percentage of new teachers who leave the profession in the first three years of public school teaching in South Carolina who have
27   successful evaluations, turnover rate of teachers and certification areas with highest vacancies. All database items should be set up
28   so that it can be disaggregated by ethnicity, gender, geographic location, etc.
29      1.24. (SDE: Adult Education/Literacy) The General Assembly must appropriate for adult education an amount equal to $175
30   per pupil. The per pupil amount shall be adjusted annually by the same percentage as the inflation factor used to adjust the base
31   student cost of the Education Finance Act. The number of pupils shall be determined by counting the number of persons sixteen
32   years or older who attended a minimum of twelve hours in an approved adult education program in the prior fiscal year. Funds
33   may decrease with a decrease in enrollment; however, overall levels of State funding must meet the federal requirement of State
34   maintenance of effort.
35      From the funds appropriated for adult education, $150,000 must be used to provide for pilot projects for rural literacy
36   development. In addition, each county shall receive $50,000 for use by the school districts for adult literacy for service delivery to
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 1   adult-nonreaders and those reading at or below the eighth grade level. The North Family Community School shall receive $2,000
 2   of the funds allocated to Orangeburg County for adult literacy. The school districts may provide this service or may contract to
 3   have this service provided. In multi-district counties, the districts must agree on the method of service delivery for the entire
 4   county and select one district to serve as the fiscal agent.
 5      1.25. (SDE: Teacher Technology Proficiency) To ensure the effective and efficient use of the funding provided by the General
 6   Assembly in Part IA, Section 1 XI.E.3 for school technology in the classroom and internet access, the State Department of
 7   Education shall approve district technology plans that specifically address and incorporate teacher technology competency
 8   standards and local school districts must require teachers to demonstrate proficiency in these standards as part of each teacher’s
 9   Professional Development plan. The Department of Education’s professional development tracking, prescriptive and electronic
10   portfolio system for teachers is the preferred method for demonstrating technology proficiency as this system is aligned to the
11   International Society for Technology in Education (ISTE) teacher standards. Evidence that districts teachers are meeting the
12   requirement is a prerequisite to expenditure of a district’s technology funds.
13      1.26. (SDE: School Building Aid Allocation) Funds appropriated for School Building Aid shall be transferred to a special trust
14   fund established by the Comptroller General. Funds appropriated shall be distributed to the school districts of the State for use in
15   accordance with Section 59-21-350 of the Code of Laws of 1976. Funds shall be allocated to eligible school districts on a per pupil
16   basis. The allocation must be based on the 135 day count of average daily membership for the second preceding fiscal year.
17      1.27. (SDE: School Building Aid Funds Expenditure) Funds appropriated in Part IA in this act or in a previous Appropriation
18   Act for school building aid may be expended by the school district without approval from the State Board of Education. The
19   Department of Education shall require that school districts include in their annual audit a verification of compliance with all
20   applicable State laws associated with the use of these funds.
21      1.28. (SDE: School Building Aid) Of the funds appropriated in Part IA for School Building Aid, $500,000 shall be allocated on
22   a K-12 per pupil basis to Multi-District Area Vocational Schools.
23      1.29. (SDE: PSAT/PLAN Reimbursement) Funds appropriated for assessment shall be used to pay for the administration of the
24   PSAT or PLAN test to tenth grade students to include the testing fee and report fee. SDE is authorized to carry forward into the
25   current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not completed by the
26   end of the fiscal year including the scoring of the spring PACT assessment.
27      1.30. (SDE: Basic Skill Exam) Any person seeking candidacy in a an undergraduate teacher education program is required to
28   take and pass the Basic Skill Examination pursuant to Sections 59-26-20 and 59-26-40. Any person who fails to achieve a passing
29   score on all sections shall be allowed to retake the test or a portion thereof. All sections of the Basic Skill Examination must be
30   passed before any person is formally admitted into any undergraduate teacher preparation program in South Carolina. However,
31   any person having attained 1100 1650 or better on the SAT or a comparable ACT score shall be exempt from this requirement.
32      1.31. (SDE: School Bus Driver CDL) From funds provided in Part IA, Section 1, VII.C., local school districts shall request a
33   criminal record history from the South Carolina Law Enforcement Division for past conviction of any crime before the initial
34   employment of a school bus driver or school bus aide. The Department of Education and the school districts shall be treated as a
35   charitable organization for purposes of the fee charged for the criminal records search.
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 1      1.32. (SDE: Parent and Guardian Responsibility) To protect the unwarranted expenditure of funds provided in Part IA, Section
 2   1, VII.C., the parents or guardians of a child being transported on a school bus are responsible for the safety and conduct of the
 3   child prior to the arrival of the school bus at the child’s designated school bus stop for pick up and transport to school, and after the
 4   school bus drops off the child and departs the child’s designated school bus stop when transporting the children from school. The
 5   state’s responsibility includes the arrival or departure of the school bus, which is defined as the time that the school bus assigned to
 6   the school bus stop activates the required pedestrian safety devices, stops and loads or unloads students, and until the school bus
 7   deactivates all pedestrian safety devices.
 8      1.33. (SDE: SAT Preparation) From the funds appropriated for SAT Preparation, the State Department of Education shall
 9   institute a plan reviewing, on an individual basis, weaknesses of students on actual PSAT administrations, and providing
10   assistance. To accomplish this, the Department shall use reports that analyze student weaknesses and provide guidance to local
11   schools on the effective use of the reports.
12      1.34. (SDE: School Bus Purchase) Any procurement of school buses with funds appropriated in this act or any other
13   appropriation bill must meet specifications developed by the School Bus Specification Committee as established by the State
14   Superintendent of Education. The School Bus Specifications Committee shall allow for input from all school bus chassis and body
15   manufacturers. However, if it is safe, more economical, and in the public interest, the department may use the school bus
16   specifications of Georgia or North Carolina in the procurement of school buses.
17      1.35. (SDE: Buses, Parts, and/or Fuel) Funds appropriated for other operating in program VII.C. and D - Bus Shops may be
18   used to purchase buses, fuel, parts, or other school bus related items. Any funds appropriated or authorized for the purchase of
19   school buses may not be transferred or used for any other purpose, except that up to $1,500,000 may be used to purchase school
20   bus service vehicles. Funds appropriated or authorized for school bus fuel in this act or any appropriation act supplemental thereto
21   in excess of what is necessary to operate the bus fleet must be used for the purchase of school buses. However, in the event of an
22   emergency fuel situation, the department may seek approval from the Budget and Control Board and the board is authorized to
23   grant such approval, for the expenditure of any non-program appropriated funds for fuel expenditures.
24      1.36. (SDE: Mitford Transportation Costs) Transportation costs for the transporting of students from the Mitford area of
25   Fairfield County to schools in the Great Falls area of Chester County is not the responsibility of and shall not be borne by the
26   Chester County School District. These transportation costs shall continue to be the responsibility of the State Department of
27   Education.
28      1.37. (SDE: Refurbishing Science Kits) Funds appropriated for the purchase of textbooks and other instructional materials may
29   be used for reimbursing school districts to offset the costs of refurbishing science kits on the state-adopted textbook inventory,
30   purchasing new kits from the central textbook depository, or a combination of refurbishment and purchase. The refurbishing cost
31   of kits may not exceed the cost of the state-adopted refurbishing kits plus a reasonable amount for shipping and handling. Costs for
32   staff development, personnel costs, equipment, or other costs associated with refurbishing kits on state inventory are not allowable
33   costs.
34      1.38. (SDE: Status Offenders/John de la Howe) The funds appropriated for the Status Offender Program shall be distributed to
35   John de la Howe School to expand residential programs to include court ordered status offenders. Components of such a program
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 1   shall include collaboration between the home school district and the residential school and treatment or related services to the
 2   families of students in placement.
 3      1.39. (SDE: Part-time Benefits) Teachers working less than thirty hours a week, but no less than fifteen hours a week, shall
 4   qualify for state health and dental insurance. The Budget and Control Board is directed to amend its “Plan of Benefits” regarding
 5   fringe benefits to conform to the provisions of this section. Teachers and employers shall each contribute toward the cost of these
 6   benefits with the employer paying only that portion of the employer’s normal cost which is attributable to the time the teacher is
 7   working, and the teacher shall pay all remaining costs. However, the employer’s contribution shall be no less than half the normal
 8   cost.
 9      1.40. (SDE: Governor’s School Leave Policy) Notwithstanding any other provision of law, the S.C. Governor’s School for the
10   Arts and Humanities and the S.C. Governor’s School for Science and Mathematics are authorized to promulgate administrative
11   policy governing annual and sick leave relative to faculty and staff with the approval of their respective board of directors. This
12   policy shall address their respective school calendars in order to comply with the instructional needs of students attending both
13   special schools.
14      1.41. (SDE: Sale of School District Property) Notwithstanding Section 59-19-250 of the 1976 Code, during the current fiscal
15   year, school trustees of a school district which do not currently have the authority to do so, may sell or lease school property, real
16   or personal, in their school district whenever they deem it expedient to do so and apply the proceeds of the sale or lease to the
17   school fund of the district.
18      1.42. (SDE: School Facilities Management System) School Districts may use capital improvement bond funds, lapsed funds or
19   any other unexpended appropriated funds or revenues to access the Department of Education’s School Facilities Management
20   System database.
21      1.43. (SDE: School Board Meetings) Of the funds appropriated through the Department of Education for technology related
22   expenses, school districts that have a web site shall place a notice of a regularly scheduled school board meeting twenty-four hours
23   in advance of such meeting. The notice shall include the date, time, and agenda for the board meeting. The school district shall
24   place the minutes of the board meeting on their web site within ten days of the next regularly scheduled board meeting.
25      1.44. (SDE: Alternative Certification/Displaced Employees) The Department of Education is directed to give priority in the
26   Program for Alternative Certification for Educators (PACE) to the recruitment of qualified state employees impacted by reduction
27   in force actions of agencies. The Student Loan Corporation is directed to give priority in the Career-Changer Loan program to
28   qualified state employees. The Department of Education shall provide information to the Office of Human Resources and the
29   personnel offices of state agencies instituting a reduction in force to advertise and inform employees of this program and state
30   agencies shall work with the department in this effort.
31      1.45. (SDE: Proviso Allocations) The State Department of Education may reduce by up to 10%, any allocation in Section 1
32   specifically designated by proviso. No allocation for teacher salaries shall be reduced as a result of this proviso.
33      1.46. (SDE: School Districts and Special Schools Flexibility) All school districts and special schools of this State may transfer
34   up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for direct
35   classroom instruction.
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 1      The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this
 2   provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and
 3   special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same
 4   purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school
 5   districts and special schools of this State may expend funds received from the Children’s Education Endowment Fund for school
 6   facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the
 7   utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational
 8   accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom
 9   instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State
10   Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive
11   review. This review shall be provided to the members of the General Assembly annually. Any grant or technical assistance funds
12   allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the
13   receiving school only according to the guidelines governing the funds.
14      1.47. (SDE: Medical Examination and Security Reimbursement) From funds authorized in Part IA, Section 1, VII.C. Other
15   Operating Expenses, the Department of Education may reimburse employees for the cost of a medical examination as required in
16   Part 391, Subpart E of the Federal Motor Carrier Safety Regulations, for employees that are required to operate a state vehicle
17   transporting hazardous materials. Reimbursement may also be provided to employees that are required to undergo a national
18   security background check because of the required Hazmat endorsement to their CDL.
19      1.48. (SDE: Budget Reduction) In compensating for any reduction in funding, local districts must give priority to preserving
20   classroom teachers and operations. Funding reductions should first be applied to administrative and non-classroom expenses
21   before classroom expenses are affected.
22      1.49. (SDE: Governor’s School for the Arts and Humanities Carry Forward) Any unexpended balance on June 30 of the prior
23   fiscal year of funds appropriated to or generated by the South Carolina Governor’s School for the Arts and Humanities may be
24   carried forward and expended in the current fiscal year for the purpose of purchasing instructional materials not funded under the
25   State Adopted Textbook Program pursuant to the discretion of the Board of Trustees of the School.
26      1.50. (SDE: Governor’s Schools’ Fees) Notwithstanding any other provision of law, the South Carolina Governor’s School for
27   the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to charge, collect,
28   expend, and carry forward student fees as approved by their respective Board of Directors. The purpose and amount of any such
29   fees will be to maintain program quality in both academics and residential support. No student will be denied admittance or
30   participation due to financial inability to pay. The respective Board of Directors shall promulgate administrative policy governing
31   the collection of all student fees.
32      1.51. (SDE: National Board Certification Incentive) Public school classroom teachers or classroom teachers who work with
33   classroom teachers who are certified by the State Board of Education and who have been certified by the National Board for
34   Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers
35   employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor’s
36   School for Science and Math, Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe
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 1   School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The
 2   $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. However, the
 3   $7,500 supplement shall be adjusted on a pro rata basis for the teacher’s FTE and paid to the teacher in accordance with the
 4   district’s payroll procedure. The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall
 5   develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching
 6   Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and
 7   interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within
 8   three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted
 9   a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall
10   receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. Of the funds
11   appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the
12   Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the
13   administration of the loan program. In addition, teachers who are certified by the National Board for Professional Teaching
14   Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national
15   board certification. National board certified teachers moving to this State who hold a valid standard certificate from their sending
16   state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing
17   contract status. Their recertification cycle will be consistent with national board certification.
18      Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include
19   state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National
20   Board certification. Teacher specialists remain eligible for state supplement for National Board certification.
21      For teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of
22   below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is twenty percent or
23   higher, or schools that meet the poverty index criteria at the seventy percent level or higher shall be eligible for full forgiveness of
24   all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.
25      Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have
26   transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a
27   school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the
28   poverty index criteria at seventy percent or higher.
29      1.52. (SDE: National Board Certification Incentive Surplus) National Board Certification Incentive appropriation excess of all
30   obligations to include the national board certification incentive salary supplement, related fringe, loan principal amount and interest
31   forgiven, and the administration funds necessary for the Center for Educator Recruitment, Retention, and Advancement (CERRA-
32   South Carolina) and the Department of Education shall be distributed to school districts and allocated based on the Education
33   Finance Act Formula.
34      1.53. (SDE: School District Furlough) If state funds appropriated for a school district in this State are less than state funds
35   appropriated for that school district in the preceding fiscal year, or if the General Assembly or the Budget and Control Board
36   implements a midyear across-the-board budget reduction, school districts may institute employee furlough programs for district-
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 1   level and school-level professional staff classified as instructional-related personnel by the State Department of Education. No
 2   instructional personnel nor support staff as classified by the State Department of Education may be furloughed. Before any of
 3   these employees may be furloughed, the chairman of the governing body of the school district must certify that all fund flexibility
 4   provided by the General Assembly has been utilized by the district and that the furlough is necessary to avoid a year-end deficit
 5   and a reduction in force. The certification must include a detailed report by the superintendent of the specific action taken by the
 6   district to avoid a year-end deficit. The certification and report must be in writing and delivered to the State Superintendent of
 7   Education and a copy must be forwarded to the Chairman of the Senate Finance Committee and the Chairman of the House Ways
 8   and Means Committee.
 9      The local school district board of trustees may implement a furlough of these instructional-related professional staff personnel
10   once certification to the State Superintendent documents all funding flexibility has been exhausted and continued year-end deficits
11   exist. Local school boards of trustees shall have the authority to authorize furloughs of these employees in the manner in which it
12   sees fit. However, they may not be furloughed for a period exceeding ten days. The local school district board of trustees shall
13   provide for furlough days only on non-instructional days.
14      During any furlough, affected employees shall be entitled to participate in the same benefits as otherwise available to them
15   except for receiving their salaries. As to those benefits that require employer and employee contributions, including, but not
16   limited to, contributions to the South Carolina Retirement System or the optional retirement program, the district will be
17   responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those
18   benefits which require only employee contributions, the employee remains solely responsible for making those contributions.
19   Placement of an employee on furlough under this provision does not constitute a grievance or appeal under any employee
20   grievance procedure. The district may allocate the employee’s reduction in pay over the balance of the fiscal year for payroll
21   purposes regardless of the pay period within which the furlough occurs.
22      This proviso shall not abrogate the terms of any contract between any school district and its employees.
23      1.54. (SDE: Base Student Cost Funding) Notwithstanding any other provision of law, the funding for particular items and areas
24   in the Department of Education’s base budget that have been reduced or eliminated and provisos that directed funding for specific
25   items that have been deleted, shall be redirected to the Base Student Cost.
26      1.55. (SDE: School Lunch/Attendance Supervisors) For those counties in which an entity other than the school district
27   administers the school lunch supervisor and/or attendance supervisor programs, the school districts in that county shall transfer to
28   the entity the amount available in the previous fiscal year for administration of the school lunch supervisor and/or attendance
29   supervisor programs. Each district shall transfer a pro-rata share of the total cost based upon the percentage of state EFA funds
30   distributed to the districts within the county.
31      1.56. (SDE: Replacement Facilities) The Department of Education is directed to proceed with the development of a joint-use
32   school transportation maintenance and operations facility in Greenville County. Prior to the availability of this new facility the
33   department shall continue to operate state school bus maintenance services from the existing Greenville School Bus Maintenance
34   Facility located on Halton Road. All proceeds from the sale of the Halton Road Facility and Property shall become pupil
35   transportation operating revenue of the department. The cost of the State share of the new joint-use facility, the cost of preparing
36   the old Halton Road Facility and Property for disposal, interim relocation/construction financing, all associated relocation
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 1   expenses, and all other related costs shall be funded from the proceeds received from the sale of the existing Halton Road Facility
 2   and Property. The State Treasurer shall make available all necessary interim financing to accomplish the proviso directives.
 3      1.57. (SDE: SCGSAH Certified Teacher Designation) Because of the unique nature of the South Carolina Governor’s School
 4   for the Arts and Humanities, the Charleston School of the Arts, and the Greenville County Fine Arts Center, the schools are
 5   authorized to employ at its discretion non-certified classroom teachers teaching in the literary, visual and performing arts subject
 6   areas who are otherwise considered to be appropriately qualified in a ratio of up to one hundred percent of the entire teacher staff.
 7      1.58. (SDE: Educational Items) In order that resources more closely follow the student, it is the intent to offer spending
 8   flexibility to local school districts as has been provided in the prior fiscal year.
 9      1.59. (SDE: No Discrimination Requirement) State funds must not be appropriated to a school that discriminates against or
10   participates with or is a member of an association with policies that discriminate or afford different treatment of students based on
11   race or national origin.
12      1.60. (SDE: Prohibit Implementation of ECERS Program) The Department of Education is prohibited from utilizing any
13   appropriated or authorized funds to implement the Early Childhood Environment Rating Scores Program. This prohibition does
14   not apply to the Office of First Steps.
15      In addition, school districts are prohibited from using revenue from any source, including state, federal, and local funds, to
16   implement the Early Childhood Environment Rating Scores Program.
17      1.61. (SDE: High School Reading Initiative) The funds appropriated for the High School Reading Initiative are to be used to
18   expand the South Carolina Reading Initiative to the high school level by providing research based targeted assistance in improving
19   and accelerating the reading ability of high school students reading below grade level.
20      1.62. (SDE: Carry Forward Authority) Funds appropriated to the Department of Education, excluding any direct aid to school
21   districts, subdivisions, and other entities; or agencies and special items, not expended during the prior fiscal year may be carried
22   forward and expended during the current fiscal year for fuel.
23      1.63. (SDE: Medicaid Cash Match Accounting) The department is granted authority to transfer funds between budget lines and
24   object codes to identify, reconcile, reimburse, and remit funds required for Medicaid cash match to the Department of Health and
25   Human Services.
26      1.64. (SDE: Student Report Card-GPA) For each high school student, school districts shall be required to print the student’s
27   individual cumulative grade point average for grades nine through twelve on the student’s report card.
28      1.65. (SDE: Governor’s School Reporting) The Governor’s School for the Arts and Humanities and the Governor’s School for
29   Science and Mathematics are required to submit reports as to how the non-recurring funding appropriated in this act is expended.
30   The report must be submitted to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance
31   Committee by the end of the fiscal year.
32      1.66. (SDE: Child Development Education Pilot Program) There is created the South Carolina Child Development Education
33   Pilot Program. This program shall be available for the 2006-2007 and 2007-2008 school year on a voluntary basis and shall focus
34   on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting
35   education.
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 1      (A) Beginning with the 2006-07 school year and continuing through For the 2007-2008 school year, with funds appropriated by
 2   the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible
 3   children from the following eight trial districts in Abbeville County School District et. al. vs. South Carolina: Allendale, Dillon 2,
 4   Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3. With any remaining funds available, the pilot shall be expanded
 5   to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina. Priority shall be given to
 6   implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007
 7   school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.
 8   While participating in the pilot program, Education Improvement Act funding from the four-year-old early childhood program as
 9   authorized pursuant to Section 59-139-70 of the 1976 Code may only be used to fund teacher salary supplements and fringe
10   benefits as required by Section 59-20-50. During the implementation of the pilot program, no funds appropriated by the General
11   Assembly for this purpose shall be used to fund services to at-risk four-year-old children residing outside of the trial or plaintiff
12   districts.
13      The Education Oversight Committee shall conduct an evaluation of the pilot program and shall issue a report to the General
14   Assembly by January 1, 2008. The report shall include a comparative evaluation of children served in the pilot program and
15   children not served in the pilot program. Additionally, based on the evaluation of the pilot program, the Education Oversight
16   Committee shall include recommendations for the creation of and an implementation plan for phasing in the delivery of services to
17   all at-risk four-year-old children in the state.
18      Unexpended funds from the prior fiscal year for this program shall be carried forward and used by the First Steps to Readiness
19   Board of Trustees to provide services to children zero to three years of age in the districts outlined in section (A) shall remain in
20   the program. In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second
21   year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the
22   discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
23      (B) Each child residing in the pilot districts, who will have attained the age of four years on or before September 1, of the
24   school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot
25   Program for one year.
26      The parent of each eligible child may enroll the child in one of the following programs:
27         (1) a school-year four-year-old kindergarten program delivered by an approved public provider; or
28         (2) a school-year four-year-old kindergarten program delivered by an approved private provider.
29      The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must
30   be submitted on forms and must be accompanied by a copy of the child’s birth certificate, immunization documentation, and an
31   appropriate free and reduced lunch application form documentation of the student’s eligibility as evidenced by family income
32   documentation showing an annual family income of 185% or less of the federal poverty guidelines as promulgated annually by the
33   U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
34      In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school
35   year. This shall consist The attendance policy must state that the program consists of 6.5 hours of instructional time daily and
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 1   operates for a period of not less than 180 days per year. Pursuant to program guidelines, noncompliance with attendance policies
 2   may result in removal from the program.
 3      No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this
 4   provision. Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the
 5   instructional day provided in these programs.
 6      (C) Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten
 7   Program must submit an application to the Department of Education. Private providers choosing to participate in the South
 8   Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps. The
 9   application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in
10   this provision, and will comply with all reporting and assessment requirements.
11      Providers shall:
12         (1) comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability,
13   race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
14         (2) comply with all state and local health and safety laws and codes;
15         (3) comply with all state laws that apply regarding criminal background checks for employees and exclude from employment
16   any individual not permitted by state law to work with children;
17         (4) be accountable for meeting the education needs of the child and report regularly at least quarterly to the parent/guardian
18   on his progress;
19         (5) comply with all program, reporting, and assessment criteria required of providers;
20         (6) maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment
21   data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
22         (7) designate whether extended day services will be offered to the parents/guardians of children participating in the program;
23   and
24         (8) be approved, registered, or licensed by the Department of Social Services.; and
25         (9) comply with all state and federal laws and requirements specific to program providers.
26      Providers may limit student enrollment based upon space available. However if enrollment exceeds available space, providers
27   shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness
28   assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment.
29   However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
30      (D) The Department of Education and the Office of First Steps to School Readiness, in consultation with the Education
31   Oversight Committee shall:
32         (1) develop the provider application form;
33         (2) develop the child enrollment application form;
34         (3) develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina
35   Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
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 1        (4) develop a list of approve pre-kindergarten readiness assessments to be used in conjunction with the program, provide
 2   assessments and technical assistance to support assessment administration in approved classrooms serving children;
 3        (5) establish criteria for awarding new classroom equipping grants;
 4        (6) establish criteria for the parenting education program providers must offer; and
 5        (7) establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications. ;
 6        (8) develop a list of data collection needs to be used in implementation and evaluation of the program;
 7        (9) identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
 8       (10) establish criteria for granting student retention waivers; and
 9       (11) establish criteria for granting classroom size requirements waivers.
10      (E) Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in
11   accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The
12   program must focus on the developmental and learning support children must have in order to be ready for school. The provider
13   must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent
14   involvement in the learning process with an emphasis on interactive literacy.
15      Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
16        (1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this
17   requirement from the Department of Education or the Office of First Steps to School Readiness;
18        (2) employ an education assistant with pre-service or in-service training in early childhood education;
19        (3) maintain classrooms with at least 10 four-year-old children, but no more than 20 four-year-old children with an adult to
20   child ratio of 1:10. With classrooms having a minimum of 10 children, the 1:10 ratio must be a lead teacher to child ratio. Waivers
21   of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by
22   the Office of First Steps to School Readiness for private providers on a case-by-case basis;
23        (4) offer a full day, center-based program with 6.5 hours of instruction daily for 180 school days;
24        (5) provide an approved research-based preschool curriculum that focuses on critical child development skills, especially
25   early literacy, numeracy, and social/emotional development;
26        (6) engage parents’ participation in their child’s educational experience that shall include a minimum of two documented
27   conferences per year; and
28        (7) adhere to professional development requirements outlined in this article.
29      (F) Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher
30   with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress
31   toward the completion of a teacher education program within four years. Every classroom must also have at least one education
32   assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of
33   experience working with children under five years old. The teaching assistant shall have completed the Early Childhood
34   Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire.
35      (G) The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten
36   instructors and the educational outcomes of students. To improve these education outcomes, participating providers shall require
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 1   all personnel providing instruction and classroom support to students participating in the South Carolina Child Development
 2   Education Pilot Program to participate annually in a minimum of 15 hours of professional development to include teaching
 3   children from poverty. Professional development should provide instruction in strategies and techniques to address the
 4   age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral
 5   communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension
 6   development.
 7      (H) Both public and private providers shall be eligible for transportation funds for the transportation of children to and from
 8   school. Nothing within this provision prohibits providers from contracting with another entity to provide transportation services
 9   provided the entities adhere to the requirements of Section 56-5-195. Providers shall not be responsible for transporting students
10   attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be
11   responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to
12   transport them with students of similar ages attending the same school. Of the amount appropriated for the program, not more
13   than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students.
14   This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and
15   Statistics of the Budget and Control Board for the Education Finance Act.
16      (I) For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness
17   shall:
18         (1) serve as the fiscal agent;
19         (2) verify student enrollment eligibility in consultation with the Department of Social Services;
20         (3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the
21   provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide
22   services to any children;
23         (4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
24         (5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
25         (6) receive, review, and approve new classroom grant applications and make recommendations for approval based on
26   approved criteria;
27         (7) coordinate activities and promote collaboration with other private and public providers in developing and supporting
28   four-year-old kindergarten programs;
29         (8) maintain a database of the children enrolled in the program; and
30         (9) promulgate guidelines as necessary for the implementation of the pilot program.
31      (J) For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
32         (1) serve as the fiscal agent;
33         (2) verify student enrollment eligibility in consultation with the Department of Social Services;
34         (3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given t the
35   provider’s availability of permanent space for program service and whether temporary classroom space is necessary to provide
36   services to any children;
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 1        (4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
 2        (5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
 3        (6) receive, review, and approve new classroom grant applications and make recommendations for approval based on
 4   approved criteria;
 5        (7) coordinate activities and promote collaboration with other private and public providers in developing and supporting
 6   four-year-old kindergarten programs;
 7        (8) maintain a database of the children enrolled in the program; and
 8        (9) promulgate guidelines as necessary for the implementation of the pilot program.
 9      (K) The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program. For the
10   2006-07 2007-08 school year, the funded cost per child shall be $3,077 $3,931 increased annually by the rate of inflation as
11   determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. Eligible
12   students enrolling with private providers during the school year shall be funded on a pro-rata basis determined by the length of
13   their enrollment. Additionally, a reimbursement rate of $185 per child will be appropriated to providers if the provider transports
14   children to and from school. Private providers transporting eligible children to and from school shall be eligible for a
15   reimbursement of $550 per eligible child transported. Providers who are reimbursed are required to retain records as required by
16   their fiscal agent. For the 2007-08 school year the funded cost per child shall be the same but shall be increased by the same
17   projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the
18   Education Finance Act.
19      With funds appropriated by the General Assembly, the Department of Education shall approve grants for public providers and
20   the Office of First Steps to School Readiness shall approve grants for private providers, of up to $10,000 per class for the
21   equipping of new classrooms. Funding of up to two thousand five hundred dollars may be provided annually for the procurement
22   of consumable and other materials in established classrooms.
23      (L) Pursuant to this provision, the Department of Social Services shall:
24        (1) aid the Department of Education and the Office of First Steps to School Readiness in the verification of student enrollment
25   eligibility;
26        (21) maintain a list of all approved public and private providers; and
27        (32) provide the Department of Education, the Office of First Steps, and the Education Oversight Committee information
28   necessary to carry out the requirements of this provision.
29      (M) The Education Oversight Committee shall conduct a comparative evaluation of the South Carolina Child Development
30   Education Pilot Program and issue their findings in a report to the General Assembly by January 1, 2008. Based on information,
31   data, and evaluation results, the Education Oversight Committee shall include as part of their report recommendations for the
32   creation and implementation of a statewide four-year-old kindergarten program for at-risk children. The report shall also include
33   information and recommendations on lead teacher qualifications and options for creating comparable salary schedules for certified
34   teachers employed by private providers. In the current fiscal year, the Education Oversight Committee shall use funds
35   appropriated by the General Assembly for four-year-old evaluation to support the annual collection of and continuous evaluation
36   of data.
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 1      The report shall also include an assessment, by county, on the availability and use of existing public and private classroom
 2   capacity approved for at-risk four-year-old kindergarten students. The report shall include, by county, the estimated four-year-old
 3   population, the total number of CDEPP approved four-year-old kindergarten spaces available, the number of four-year-old
 4   children enrolled in both public and private CDEPP approved facilities, and the number of children on waiting lists for either
 5   public or private providers during the reporting period. Where possible, the report shall also include anticipated four-year-old
 6   kindergarten enrollment projections for the two years following the report.
 7      To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private
 8   providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This
 9   data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall
10   issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be
11   responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten
12   programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the
13   state funded programs provided through private providers. The Education Oversight Committee shall use this data and all other
14   collected and maintained data necessary to conduct a research based review of the program’s implementation and assessment of
15   student success in the early elementary grades.
16      1.67. (SDE: Lost & Damaged Textbook Fees) Fees for lost and damaged textbooks for the prior school year are due no later
17   than December 1 of the current school year when invoiced by the Department of Education. The department may withhold
18   textbook funding from schools that have not paid their fees by the payment deadline.
19      1.68. (SDE: Service Vehicle Purchase) No more than $1,500,000 of non-program funds appropriated/authorized, to include
20   EIA cash balances, to the Department of Education may be used for the purchase of school transportation service vehicles.
21      1.69. (SDE: 0 to 4 Year Old Standards) The First Steps State Office must convene a task force to develop quality standards for
22   programs serving children ages 0 to 4. Membership must include both public and private providers and is to be chaired by the
23   Director of the First Steps State Office. A report must be issued to members of the General Assembly and the Governor’s Office
24   by January 9, 2007.
25      1.70. (SDE: Physical Education Teachers) A school district’s allocation from the funds appropriated in Part IA, Section 1,
26   Program III are to be used to increase the number of physical education teachers to the extent possible.
27      1.71. (SDE: Athletic Event Transportation) For school year 2006-2007, of the funds appropriated to the Department of
28   Education, $1,000 shall be utilized to ensure that it is the policy of the State of South Carolina that the South Carolina High School
29   League may not impose a waiting period on an entering ninth grade Daniel Island resident Bishop England High School student, if
30   the student is otherwise eligible.
31      1.72. (SDE: Education and Economic Development Act Carry Forward) Funds provided for the Education and Economic
32   Development Act may be carried forward into the current fiscal year to be expended for the same purposes by the department,
33   school districts, and special schools.
34      1.73. (SDE: High Schools That Work Carry Forward) Funds provided for High Schools That Work may be carried forward
35   into the current fiscal year to be expended for the same purposes by the department, school districts, and special schools.
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 1      1.74. (SDE: Middle School Certification Review) For the purpose of teacher contracts negotiated for the ensuing school year,
 2   all dates listed in State Board Regulation 43-62(K)(3) shall be extended by one year. The State Board of Education and the
 3   Department of Education shall collaborate with school district administrators to review the certification requirements and submit
 4   regulation amendments to the General Assembly by January 8, 2008.
 5      1.75. (SDE: Career Cluster Industry Partnerships) From the funds appropriated to the Department of Education, $800,000
 6   must be provided as grants to the private sector statewide trade association or educational foundation providing nationally
 7   certified programs in career and technology education representing the automotive, construction, engineering, healthcare,
 8   mechanical contracting/construction, and hospitality tourism career clusters. Organizations applying for a grant must do so by
 9   July 1 and the Department of Education must award a minimum of one grant of at least $150,000 in at least four of these specified
10   career clusters to be used exclusively for career and technology education. The recipient industry organization must conduct end-
11   of-course exams graded by a national industry organization and must include in their grant request how the money will be spent to
12   further industry-specific career technology education; a description and history of their program nationally and within South
13   Carolina; estimates of future employment growth in their industry; and the national scope of their program. By August 1 of the
14   following year, the organization must submit to the department a report detailing how the grant increased industry/employer
15   awareness; the number of increased schools using the industry-based curriculum and partnered with the industry organization; the
16   increased number of students in the program; and an overview and analysis of the organization's statewide student competition.
17   The grant must be used for career awareness programs for that industry cluster; statewide student competitions leading to national
18   competitions; teacher development and training; post-secondary scholarships in industry-specific degree programs; student
19   recruitment into that career cluster programs; programs to educate middle and high school Career or Guidance Counselors about
20   the industry; service to disadvantaged youth; and administering business/employer awareness and partnerships which help lead to
21   experience-based, career-oriented experiences including internships, apprenticeships, mentoring, co-op education and service
22   learning. The Office of Career and Technology Education of the department will develop goals with each career cluster on the
23   number of new schools using the industry-based curriculum and partnered with that career cluster organization. These funds may
24   not be used to supplant existing funds currently being used for these purposes. Organizations may carry-over grants for up to
25   three years when a large project is identified in the grant application to be used at a future date; otherwise excess funds must be
26   returned to the state.
27      1.76. (SDE: Education Finance Act Reserve Fund) There is created in the State Treasury a fund separate and distinct from the
28   General Fund of the State and all other funds entitled the Education Finance Act Reserve Fund. All unexpended general funds
29   appropriated to the Department of Education for the Education Finance Act in the current fiscal year shall be transferred to the
30   Education Finance Act Reserve Fund. In the event that the amount appropriated for the Education Finance Act is insufficient to
31   fully fund the base student cost as established by this act, revenues from the Education Finance Act Reserve Fund may be used to
32   supplement the funds appropriated. The General Assembly may make direct appropriations to this fund. All unexpended funds in
33   the Education Finance Act Reserve Fund and any interest accrued by the fund must remain in the fund and may be carried forward
34   into the current fiscal year.
35      1.77. (SDE: Formative Reading Assessment) Beginning with the 2007-08 school year, for grades one and two, schools will use
36   a State Board approved developmentally appropriate formative reading assessment. However, districts that are currently using
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 1   other formative reading assessments because of the districts’ participation in grant programs may use those assessments in the
 2   schools within their districts in lieu of using the State Board approved assessment. By August 1, 2007, those districts shall be
 3   required to inform the Office of Assessment what equivalent assessment for grades one and two will be used. To the extent that
 4   funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant
 5   schools within those districts.
 6      1.78. (SDE: Middle College Programs) In the 2007-08 school year, school districts with students enrolled in a high school of
 7   the State and who are participating in a middle college designed program with instruction offered at a State technical college,
 8   shall develop a Memorandum of Agreement for the transfer of revenue to support the high school student’s instruction at the
 9   technical campus. Absent of any Memorandum of Agreement, school districts shall transfer to the technical college the sum of
10   ninety percent of the total EFA base student cost for the EFA high school classification and ninety percent of that student’s share
11   of any local funds, with the total being multiplied by the percentage of instructional time, as calculated by school instructional
12   period, that the student attends the technical college.
13      1.79. (SDE: Child Development Education Pilot Program-4 Year Olds) Of the funds carried forward from the prior fiscal year
14   from the South Carolina Child Development Education Pilot Program for services to zero to three year olds by the Office of First
15   Steps, two-thirds of this amount shall be redirected for use by the State Department of Education for services to four year olds
16   participating in the Child Development Education Pilot Program during the current fiscal year. At the discretion of the First Steps
17   Board of Trustees, funds carried forward by the Office of First Steps may be also be used to match philanthropic gifts targeting
18   low income 0-3 year olds statewide.
19      1.80. (SDE: Physical Education Assessment Program) For Fiscal Year 2007-2008 the South Carolina Physical Education
20   Assessment program is suspended. The Department of Education is directed to collect input from physical education teachers
21   throughout the state and submit a report outlining proposed changes to the program based on the data collected and nationally
22   published research on the assessment of physical education programs by January 1, 2008.
23      1.81. (SDE: GSAH Human Resources Annual Report) The Governor’s School for the Arts and the Humanities shall provide to
24   the Senate Finance Committee, the House Ways and Means Committee, the Budget and Control Board Office of Human Resources,
25   and the Commission on Human Affairs an annual report detailing the school’s human resource statistics for both filled and vacant
26   positions. The report shall include specifics as to advertising, applicants, and selections as well as the composition of the selection
27   team. In addition, an annual report of recruiting activities that address the school’s Access Plan shall be required. A
28   comprehensive enrollment report must be furnished annually.
29      1.82. (SDE: STAR Academy Match Requirement) The funds appropriated in Part IA for the Star Academy Drop Out Prevention
30   Program are directed to the Aiken County Public School System to fund the Star Academy public/private partnership. Receipt of
31   this funding is contingent upon the Aiken County Public School System or a private member of the partnership securing a
32   commitment for at least $10 million dollars of private funding.
33
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 1   SECTION 1A - H63 - DEPARTMENT OF EDUCATION-EIA
 2
 3      1A.1. (SDE-EIA: XI-Prohibition on Appropriation Transfers) The amounts appropriated herein for aid to subdivisions or
 4   allocations to school districts shall not be transferred or reduced and must be expended in accordance with the intent of the
 5   appropriation. However, transfers are authorized from allocations to school districts or special line items with projected year-end
 6   excess appropriations above requirements, to allocations to school districts or special line items with projected deficits in
 7   appropriations.
 8      1A.2. (SDE-EIA: XI.A.1-Advanced Placement) Of the funds appropriated in Part IA, Section 1, XI.A.1. for Advanced
 9   Placement, no more than $500,000 must be made available on a flat rate per class basis to schools offering “singleton” Advanced
10   Placement classes with a student/teacher ratio equal to or less than ten to one. The State Board of Education shall develop
11   guidelines for the distribution of these “singleton” funds. The remaining AP funds must be distributed to the school districts of the
12   state based upon the 135 day count of AP students served. AP funds may be used to defray the testing costs of the International
13   Baccalaureate Program which are incurred by school districts at the same per-test reimbursement rate provided for Advanced
14   Placement examinations. High schools may receive funding for the allowable costs associated with ninth and tenth grade students
15   taking Advanced Placement courses. Funds provided for Advanced Placement may be carried forward into the current fiscal year
16   to be expended for the same purpose.
17      1A.3. (SDE-EIA: XI.A-Gifted & Talented) Notwithstanding the provisions for Section 59-29-170, at least twelve percent
18   (12%) of the total state dollars appropriated annually for gifted and talented programs shall be set aside for serving artistically
19   gifted and talented students in grades 3-12. School districts shall service students identified as artistically gifted and talented by
20   utilizing approved state guidelines in one or more of the following visual and performing arts areas: dance, drama, music and
21   visual arts areas. Districts may contract with other entities to provide services to students identified as artistically gifted and
22   talented if personnel or facilities are not available in the school district for that service. Of the remaining state dollars appropriated
23   for gifted and talented programs, not more than $1,000,000 may be used to provide testing and teacher training. Each district
24   receiving funds for the gifted and talented program shall include an accelerated component as a part of its academically gifted and
25   talented program. EIA-Gifted and Talented funds may be carried forward and expended for the same purpose in the current fiscal
26   year.
27      1A.4. (SDE-EIA: XI.A.1-Gifted & Talented/Jr. Academy of Science) Of the funds appropriated in Part IA, Section 1, XI.A.1.
28   Gifted & Talented, $100,000 must be provided to the Junior Academy of Science. The Department of Education must provide a
29   report on the effectiveness of the academy to the State Board of Education and the Education Oversight Committee by October 1
30   annually in a format agreed upon by the Education Oversight Committee and the Department of Education.
31      1A.5. (SDE-EIA: XI.A.1 Services for Students with Disabilities) The money appropriated in Part IA, Section 1, XI.A.1. for
32   Services for Students with Disabilities shall be used only for educational services for trainable mentally disabled pupils and
33   profoundly mentally disabled pupils.
34      1A.6. (SDE-EIA: XI.A.1-Junior Scholars) The State Board of Education, through the Department of Education, must provide a
35   report on the effectiveness of the Junior Scholars programs as appropriated in Part IA, Section 1, XI.A.1. to the Education
36   Oversight Committee by October 1. Eligibility for the Junior Scholars program is open to any student who meets the requirements
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 1   of the program, whether the student attends public school or private school; provided however, any private school student is
 2   responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs
 3   associated with the program.
 4      1A.7. (SDE-EIA: XI.A.4-Academic Assistance/Carry Forward) Any unexpended balance from the prior fiscal year in the EIA
 5   appropriations in Part IA, Section 1, XI.A.4. for Academic Assistance may be carried forward to the current fiscal year by school
 6   districts to be expended to operate programs in accordance with their academic assistance long range plans.
 7      1A.8. (SDE-EIA: XI.A.4-Academic Assistance/Curriculum Development) Funds appropriated in Part IA, Section 1, XI.A.4.
 8   for Act 135 of 1993 Other Operating must be used by the Department of Education to provide schools and school districts with
 9   technical assistance on curriculum development, including implementing the grade-by-grade academic standards, and instructional
10   improvement in keeping with the intent of Act 135 of 1993 (Sections 59-139-05 and 59-139-10 of the SC Code of Laws) as
11   provided in regulations promulgated by the State Board of Education. Reports on the use of these funds will be provided to the
12   Senate Education Committee and the House Education and Public Works Committee by September 1, of the current fiscal year,
13   reflecting prior fiscal year expenditures.
14      1A.9. (SDE-EIA: XI.A.4-Academic Assistance/Early Child Development) A portion of the funds appropriated in Part IA,
15   Section 1, XI.A.4. for Academic Assistance 4-12 may be used to support components for the K-3 academic assistance if such
16   change promotes better coordination of state and federal funds provided for programs for these students. Districts requesting this
17   waiver from the State Board of Education must demonstrate how the use of these funds is in keeping with their long range plan and
18   how the needs of the students in grades 4-12 will be met.
19      1A.10. (SDE-EIA: XI.A.4-Academic Assistance/Formula Funding & Distribution) Notwithstanding any other provision of law,
20   the total funding in Part IA, Section 1, XI.A.4. for the 4-12 Academic Assistance component of Act 135 of 1993 shall be based on
21   a derived free and reduced lunch eligibility count for grades 4-12 obtained by applying the state percentage of K-3 students eligible
22   for free and reduced lunch to the 4-12 average daily membership; and funding for individual districts shall be based on two equally
23   weighted factors; the district’s derived lunch percentage for grades 4-12 and its four year average for the number of 4-12 students
24   “not meeting” standard on the state’s testing programs for the years 1990-1993.
25      1A.11. (SDE-EIA: XI.A-Academic Assistance/Reading Recovery) Of the EIA funds appropriated herein for the Academic
26   Assistance Act 135, $3,200,000 shall be used for the Reading Recovery programs throughout the State. Of the funds provided for
27   Reading Recovery, up to $50,000 shall be used for piloting alternative teaching methods for reading. The State Department of
28   Education shall report to the State Board of Education and the Education Oversight Committee on the allocation and expenditure of
29   these funds by October 1 annually in a format agreed upon by the Education Oversight Committee and the Department of
30   Education.
31      1A.12. (SDE-EIA: XI.A.4-Academic Assistance/Remedial Adult Education) Of funds appropriated in Part IA, Section 1,
32   XI.A.4. for Academic Assistance an amount not to exceed $1,000,000 must be used for either adult education students failing one
33   or more sections of the HSAP Exit Examination or students preparing for the GED examination at a weight of .114 of the base
34   student cost as defined in the Education Finance Act.
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 1      1A.13. (SDE-EIA: XI.B - Half Day Program for Four-Year-Olds) Funds appropriated in Part IA, Section 1, XI.B. for half-day
 2   programs for four-year-olds shall be distributed based on the prior year number of students in kindergarten eligible for free and
 3   reduce price lunch, however, no district shall receive less than 90 percent of the amount it received in the prior fiscal year.
 4      1A.14. (SDE-EIA: XI.A.3. African-American History) Funds provided for the development of the African-American History
 5   curricula may be carried forward into the current fiscal year to be expended for the same purpose.
 6      1A.15. (SDE-EIA: XI.C.3-Course Reimbursement/Teachers) Funds appropriated for EIA-Critical Teacher needs must be used
 7   for courses which support instructional techniques and strategies in keeping with the professional development plans. These funds
 8   may be used for courses which support the education of students with disabilities or special needs in the regular classroom. School
 9   districts may require and collect a deposit from teachers enrolling in courses that support the areas identified above. Upon
10   completion of the course any deposit collected shall be returned to the teacher having made the deposit.
11      1A.16. (SDE-EIA: XI.C.3-Critical Teaching Needs/Roper Mountain) Of the funds appropriated in Part IA, Section 1, XI.C.3.
12   for Critical Teaching Needs, $250,000 shall be disbursed to the Roper Mountain Science Center for summer workshops for public
13   school science teachers. Funds disbursed to the Roper Mountain Science Center may be carried forward.
14      1A.17. (SDE-EIA: XI.C.2-Teacher Evaluations, XI.E.3- Implementation/Education Oversight) The Department of Education
15   shall provide a review of the evaluation results for teachers employed under induction, annual, and continuing contracts to be
16   presented by September 30, annually, to the State Board of Education and the Education Oversight Committee. The Department of
17   Education is directed to oversee the evaluation of teachers at the School for the Deaf and the Blind, the John de la Howe School
18   and the Department of Juvenile Justice under the ADEPT model.
19      1A.18. (SDE-EIA: XI.C.3.-Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the
20   average of the average teachers salaries of the southeastern states as projected by the Division of Budget and Analyses. For the
21   current school year the Southeastern average teacher salary is projected to be $43,691 $45,179. It is the intent of the General
22   Assembly to exceed the Southeastern average teacher salary as projected by $300. The General Assembly remains desirous of
23   raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such
24   equivalent to the national average teacher salary.
25      Funds appropriated in Part IA, Section 1, XI.C.3. for Teacher Salaries must be used to increase salaries of those teachers eligible
26   pursuant to Section 59-20-50 (b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers,
27   occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the
28   state.
29      1A.19. (SDE-EIA: XI.C.3-Teacher Salaries/State Agencies) Each state agency which does not contain a school district but has
30   instructional personnel shall receive an allocation from the line item “Alloc. EIA - Teacher/Other Pay” in Part IA, Section 1,
31   XI.F.3. for teachers salaries based on the following formula: Each state agency shall receive such funds as are necessary to adjust
32   the pay of all instructional personnel to the appropriate salary provided by the salary schedules of the school district in which the
33   agency is located. Instructional personnel may include all positions which would be eligible for EIA supplements in a public
34   school district, and may at the discretion of the state agency, be defined to cover curriculum development specialists, educational
35   testing psychologists, psychological and guidance counselors, and principals. The twelve-month agricultural teachers located at
36   Clemson University are to be included in this allocation of funds for base salary increases. The South Carolina Governor’s School
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 1   for the Arts and Humanities and the South Carolina Governor’s School for Science and Mathematics are authorized to increase the
 2   salaries of instructional personnel by an amount equal to the percentage increase given by the School District in which they are
 3   both located.
 4      The funds appropriated herein in the line item “Alloc. EIA-Teacher/Other Pay” must be distributed to the agencies by the Budget
 5   and Control Board.
 6      1A.20. (SDE-EIA: XI.A.1-Tech Prep Work-Based Learning) Of the funds appropriated in Part IA, Section 1, XI.A.1. for the
 7   Tech Prep Work-based Learning Program, $75,000 shall be used by the State Department of Education, through the Tech Prep
 8   Consortia Regional Education Centers mandated by the Education and Economic Development Act, to provide for professional
 9   development in applied techniques and integration of curriculum, and professional development in career guidance for teachers and
10   guidance counselors and training mentors. In addition, $500,000 shall be allocated for Career Counseling Specialists in the Tech
11   Prep Consortia Regional Education Centers. Each Career Specialist shall (1) be housed within a consortium as determined by the
12   local Tech Prep/School to Work Consortium the regional centers geographic area, (2) provide career development activities
13   throughout all schools within the consortium region, (3) be under the program supervision of the Office of Career and Technology
14   Education, State Department of Education, and (4) adhere to an accountability and evaluation plan created by the Office of Career
15   and Technology Education, State Department of Education. The Office of Career and Technology Education, State Department of
16   Education, shall provide a report, in February of the current fiscal year to the Senate Finance Committee and the House Ways and
17   Means Committee on accomplishments of the Career Counseling Specialists. Of the funds appropriated in the prior fiscal year,
18   unexpended funds may be carried forward to the current fiscal year and expended for the same purposes.
19      1A.21. (SDE-EIA: XI.E.1-Principal Salary Supplements) Funds appropriated in Part IA, Section 1, XI.E.1. for salary
20   supplements for principals and accompanying employer contributions must be distributed to school districts based on average daily
21   membership (ADM). Each school district shall distribute the funds as salary supplements in addition to existing compensation
22   equally among principals and assistant principals employed by the district.
23      1A.22. (SDE-EIA: XI.E.3.-Evaluation/EIA Programs) Of the funds appropriated in Part IA, Section 1, XI.E.3. for EIA
24   Implementation, Other Operating Expenses, $349,124 may only be used by the State Department of Education to support its
25   contracted program evaluations and the conduct of the State Board of Education’s annual assessment of EIA-funded education
26   reforms and the related report, pursuant to Section 59-6-12. Of the remaining funds appropriated in Part IA, Section 1, XI.E.3. for
27   EIA Implementation, Other Operating Expenses shall be used to support the continuation of program and policy evaluations and
28   studies and to support the state’s participation in the Middle Grades Project, at no less than $100,000. Provided further, for the
29   current fiscal year, $100,000 shall be provided to the South Carolina Educational Policy Center for collaborative projects with the
30   Department of Education and the Education Oversight Committee to provide research based information and consultation services
31   on technical issues related to establishing a more thorough accountability system for public schools, school districts, and the K-12
32   education system.
33      1A.23. (SDE-EIA: XI.F.3-CHE/Teacher Recruitment) Of the funds appropriated in Part IA, Section 1, X1.F.3. for the Teacher
34   Recruitment Program, the S.C. Commission on Higher Education shall distribute a total of $5,404,014 to the Center for Educator
35   Recruitment, Retention, and Advancement (CERRA-South Carolina) for a state teacher recruitment program, of which $4,200,000
36   must be used for the Teaching Fellows Program and of which $166,302 must be used for specific programs to recruit minority
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 1   teachers, and shall distribute $467,000 to S.C. State University to be used only for the operation of a minority teacher recruitment
 2   program and therefore shall not be used for the operation of their established general education programs. Working with districts
 3   with an absolute rating of Unsatisfactory or Below Average, CERRA will provide shared initiatives to recruit and retain teachers to
 4   schools in these districts. CERRA will report annually by October 1 to the Education Oversight Committee and the Department of
 5   Education on the success of the recruitment and retention efforts in these schools. The S.C. Commission on Higher Education shall
 6   ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts
 7   among the three teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval. The
 8   S.C. State University program, in consultation with the Commission on Higher Education, shall extend beyond the geographic area
 9   it currently serves. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher
10   recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education
11   Committees, the State Board of Education and the Education Oversight Committee by October 1 annually, in a format agreed upon
12   by the Education Oversight Committee and the Department of Education.
13      1A.24. (SDE-EIA: XI.F.3-Disbursements/Other Entities) Notwithstanding the provisions of Sections 2-7-66 and 11-3-50, S.C.
14   Code of Laws, it is the intent of the General Assembly that funds appropriated in Part IA, Section 1, XI.F.3. Other State Agencies
15   and Entities shall be disbursed on a quarterly basis by the Department of Revenue directly to the state agencies and entities
16   referenced except for the Teacher Loan Program, Centers of Excellence, the Education Oversight Committee and School
17   Technology, which shall receive their full appropriation at the start of the fiscal year from available revenue. The Comptroller
18   General’s Office is authorized to make necessary appropriation reductions in Part IA, Section 1, XI.F.3. to prevent duplicate
19   appropriations. If the Education Improvement Act appropriations in the agency and entity respective sections of the General
20   Appropriations Act at the start of the fiscal year do not agree with the appropriations in Part IA, Section 1, XI.F.3. Other State
21   Agencies and Entities, the “other funds” appropriations in the respective agency and entity sections of the General Appropriations
22   Act will be adjusted by the Comptroller General’s Office to conform to the appropriations in Part IA, Section 1, XI.F.3. Other State
23   Agencies and Entities.
24      1A.25. (SDE-EIA: XI.A.1-Arts in Education) Funds appropriated in Part IA, Section 1, XI.A.1. Arts Curricula shall be used to
25   support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot
26   sites. These funds shall be distributed under a competitive grants program; however, up to 33% of the total amount of the grant
27   fund shall be made available as “Aid to Other Agencies” to facilitate the funding of professional development arts institutes that
28   have been approved by the State Department of Education for S.C. arts teachers and appropriate classroom teachers. Arts
29   Curricular Grants funds may be retained and carried forward into the current fiscal year to be expended in accordance with the
30   proposed award.
31      1A.26. (SDE-EIA: XI.B-Parenting/Family Literacy) Funds appropriated in Part IA, Section 1, X1.B. for the Parenting/Family
32   Literacy Programs and allocated to the school districts for parenting projects in the prior fiscal year may be retained and expended
33   by the school districts for the same purpose during the current fiscal year. These funds must be allocated only to school districts
34   that provide comprehensive family literacy programs which address intergenerational cycles of poverty through adult education,
35   early childhood education and parenting programs. Furthermore, any school district that does not provide the evaluation
36   information necessary to determine effective use as required by Section 59-139-10(A)(1) and by regulation is not eligible to
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 1   receive additional funding until the requested data is provided. The minimum amount allocated to a district shall be $35,000. Of
 2   the funds appropriated in Part IA, Section 1, XI.B. for the Parenting/Family Literacy $200,000 must be used for the Accelerated
 3   Schools Project at the College of Charleston and $100,000 is to be used for the South Carolina Urban Leagues state-wide parental
 4   involvement programs.
 5      1A.27. (SDE-EIA: XI.B.-Parenting/Family Literacy/Communities- In-Schools) Notwithstanding any other provision of law, the
 6   State Department of Education shall transfer $200,000 from the funds appropriated in Part IA, Section 1, X1.B. Parenting/Family
 7   Literacy to Communities-In-Schools. These funds are to be utilized to provide technical assistance to local communities in
 8   establishing Communities-In-Schools programs statewide. Communities-In-Schools will provide annual reports to the State
 9   Department of Education which will include: budget expenditure data, a listing of the communities served and the services
10   provided.
11      1A.28. (SDE-EIA: XI.C.3-National Board Certification Incentive) Public school classroom teachers or classroom teachers who
12   work with classroom teachers who are certified by the State Board of Education and who have been certified by the National Board
13   for Professional Teaching Standards shall be paid a $7,500 salary supplement in the year of achieving certification. Teachers
14   employed at the special schools shall be eligible for this $7,500 salary supplement. The special schools include the Governor’s
15   School for Science and Math, Governor’s School for the Arts and Humanities, Wil Lou Gray Opportunity School, John de la Howe
16   School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice and Palmetto Unified School District 1. The
17   $7,500 salary supplement shall be added to the annual pay of the teacher for the length of the national certificate. However, the
18   $7,500 supplement shall be adjusted on a pro rata basis for the teacher’s FTE and paid to the teacher in accordance with the
19   district’s payroll procedure. The Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) shall
20   develop guidelines and administer the programs whereby teachers applying to the National Board for Professional Teaching
21   Standards for certification may receive a loan equal to the amount of the application fee. One-half of the loan principal amount and
22   interest shall be forgiven when the required portfolio is submitted to the national board. Teachers attaining certification within
23   three years of receiving the loan will have the full loan principal amount and interest forgiven. Teachers who previously submitted
24   a portfolio to the National Board for Professional Teaching Standards for certification under previous appropriation acts, shall
25   receive reimbursement of their certification fee as prescribed under the provisions of the previous appropriation act. Of the funds
26   appropriated in Part IA, Section 1, XIII.A. for National Board Certification, the State Department of Education shall transfer to the
27   Center for Educator Recruitment, Retention, and Advancement (CERRA-South Carolina) the funds necessary for the
28   administration of the loan program. In addition, teachers who are certified by the National Board for Professional Teaching
29   Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for national
30   board certification. National board certified teachers moving to this State who hold a valid standard certificate from their sending
31   state are exempted from initial certification requirements and are eligible for a professional teaching certificate and continuing
32   contract status. Their recertification cycle will be consistent with national board certification.
33      Provided, further, that in calculating the compensation for teacher specialists, the State Department of Education shall include
34   state and local compensation as defined in Section 59-18-1530 to include local supplements except local supplements for National
35   Board certification. Teacher specialists remain eligible for state supplement for National Board certification.
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 1      For teachers who begin the application process after July 1, 2007 and who teach in schools which have an absolute rating of
 2   below average or unsatisfactory, schools where the average teacher turnover rate for the past three years is twenty percent or
 3   higher, or schools that meet the poverty index criteria at the seventy percent level or higher shall be eligible for full forgiveness of
 4   all assessment fees upon submission of all required materials for certification, regardless of whether certification is obtained.
 5      Notwithstanding any other provision of law, teachers will continue to be eligible for the salary supplement even after they have
 6   transferred to a position in administration if they serve in a school with an absolute rating of Below Average or Unsatisfactory, a
 7   school where the average teacher turnover rate for the past three years is twenty percent or higher, or a school that meets the
 8   poverty index criteria at seventy percent or higher.
 9      1A.29. (SDE-EIA: XI.C.4-CSO Mathematics and Science Unit) The funds appropriated in Part IA, Section 1, XI.C.4. shall be
10   used for Mathematics and Science Centers which support improvements in mathematics and science through resources and
11   professional development in instructional techniques and strategies, use of technology in the classroom, leadership, content in
12   subject areas and assessment. These efforts will be coordinated with programs such as Tech Prep Consortia using applied learning
13   techniques which will improve classroom instruction in mathematics and science.
14      1A.30. (SDE: XI-Defined Program Personnel Requirements) Administrative positions requiring State Board of Education
15   teacher or administrator certification, may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue
16   Service change the individual reporting form to another method) from the hiring school district. Any public school district or
17   special school that hires a corporation, partnership, or any other entity other than an individual to fill such positions will have its
18   EFA and or EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this
19   requirement will be made part of the single audit process of local public school districts as monitored by the State Department of
20   Education. Temporary instructional positions for special education, art, music, critical shortage fields as defined by the State
21   Board of Education, as well as temporary positions for grant writing and testing are excluded from this requirement.
22      1A.31. (SDE-EIA: XI.A.1-Autism Parent-School Partnership Program) From funds appropriated for Services For Students with
23   Disabilities, $350,000 shall be provided to the South Carolina Autism Society for the Parent-School Partnership Program.
24      1A.32. (SDE-EIA: XI.C.4-Professional Development on Standards) These funds shall be used for professional development for
25   certificated instructional and instructional leadership personnel in grades kindergarten through 12 in the academic areas for which
26   SBE standards documents have been approved to better link instruction and lesson plans to the standards and to any state-adopted
27   readiness assessment tests, develop classroom assessments consistent with the standards and PACT-style testing, and analyze
28   PACT results for needed modifications in instructional strategies. No more than five percent of the funds appropriated for
29   professional development may be retained by the Department of Education for administration of the program; however, with the
30   funds allocated to districts for professional development, districts may choose to purchase professional development services
31   provided by the Department of Education. Funds may also be expended for certificated instructional and instructional leadership
32   personnel in grades six through twelve to achieve competency in teaching reading to students who score below proficient on the
33   reading assessment of PACT. Provided further, that $250,000 of the funds allocated to professional development must be provided
34   to the Department of Education to implement successfully the South Carolina Readiness Assessment by creating a validation
35   process for teachers to ensure reliable administration of the assessment, providing professional development on effective utilization
36   and establishing the relationship between the readiness measure and third grade standards-based assessments. Multi-day work
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 1   sessions shall be provided around the state during the summer and during the fall and winter using staff development days, teacher
 2   workdays, two of the remaining professional development days shall be set aside specifically for the preparation and opening of
 3   schools. District instructional leaders, regional service centers, consortia, department personnel, university faculty, contracted
 4   providers, and the resources of ETV may be used as appropriate to implement this intensive professional development initiative.
 5   Teachers participating in this professional development shall receive credit toward recertification according to State Board of
 6   Education guidelines. Funds provided for professional development on standards may be carried forward into the current fiscal
 7   year to be expended for the same purpose. No less than twenty-five percent of the funds allocated for professional development
 8   should be expended on the teaching of reading which includes teaching reading across content areas in grades three through eight.
 9      1A.33. (SDE-EIA: XI.C.3-Teacher Supplies) From the funds appropriated, all certified public school, certified special school
10   classroom teachers, certified media specialists, and certified guidance counselors who are employed by a school district or a charter
11   school as of November 30 of the current fiscal year, shall receive reimbursement of two hundred fifty dollars each school year to
12   offset expenses incurred by them for teaching supplies and materials. Funds shall be disbursed by the department to School
13   districts by July 15 based on the last reconciled Professional Certified Staff (PCS) listing from the previous year. Any deviation in
14   the PCS and actual teacher count will be reconciled by December 31 or as soon as practicable thereafter. School districts shall
15   disburse these funds in a manner separate and distinct from their payroll check on the first day teachers, by contract, are required to
16   be in attendance at school for the current contract year. This reimbursement shall not be considered by the state as taxable income.
17   Special schools include the Governor’s School for Science and Math, the Governor’s School for the Arts and Humanities, Wil Lou
18   Gray Opportunity School, John de la Howe School, School for the Deaf and the Blind, Felton Lab, Department of Juvenile Justice,
19   and Palmetto Unified School District. Funds distributed to school districts or allocated to schools must not supplant existing
20   supply money paid to teachers from other sources. If a school district requires receipts for tax purposes the receipts may not be
21   required before December 31. Districts that do not wish to require receipts may have teachers retain the receipts and certify for the
22   district they have received the $250 for purchase of teaching supplies and/or materials and that they have purchased or will
23   purchase supplies and/or materials during the fiscal year for the amount of $250. Districts shall not have an audit exception related
24   to non-retention of receipts in any instances where a similar instrument is utilized. Any district requiring receipts must notify any
25   teacher from whom receipts have not been submitted between November 25 and December 6 that receipts must be submitted to the
26   district. Districts may not add any additional requirement not listed herein related to this reimbursement. The department must
27   withhold Act 135 funds from any district while in non-compliance with this provision. Any funds not disbursed to teachers may
28   not be retained by the districts and must be returned to the department.
29      1A.34. (SDE-EIA: XI.E.1-Principal Executive/Leadership Institute Carry Forward) Prior fiscal year funds appropriated in Part
30   IA, Section 1, XI.E.1. for the Principal Executive/Leadership Institute may be carried forward into the current fiscal year and
31   expended for the same purpose. The Institute and all principal evaluation and induction programs must include training for the key
32   role that principals have in supervising the teaching of reading and instilling the importance of literacy in public schools.
33      1A.35. (SDE-EIA: XI.C.3-Teacher of the Year Awards) Of the funds provided herein for Teacher of the Year Awards, each
34   district Teacher of the Year shall receive an award of $1,000. In addition, the State Teacher of the Year shall receive an award of
35   $25,000, and each of the four Honor Roll Teachers of the Year will receive an award of $10,000. To be eligible, districts must
36   participate in the State Teacher of the Year Program sponsored by the State Department of Education.
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 1      1A.36. (SDE-EIA: XI-State of Emergency District) Notwithstanding any other provision of law, funds may be used for retired
 2   educators serving as teacher specialists, principal specialists, principal leaders, or curriculum specialists on site in districts in which
 3   a state of emergency is declared. These educators may be hired as a principal specialist in a state of emergency district for up to
 4   four years.
 5      1A.37. (SDE-EIA: Specialists in Unsatisfactory Schools) Notwithstanding any other provision of law, the State Department of
 6   Education may assign teacher specialists, principal specialists, principal leaders, and curriculum specialists to schools designated as
 7   unsatisfactory or below average according to the enrollment of the school and as recommended by the review team. Teacher
 8   specialists may be assigned to kindergarten level, if recommended by the review team. Furthermore, the average number of
 9   teacher specialists assigned to schools may not exceed five. Teacher specialists may be placed across grade levels and across core
10   subject areas when placement meets program criteria based on external review team recommendations, need, number of teachers
11   receiving support, and certification and experience of the specialist. A teacher specialist may be assigned to support classroom
12   teachers in the areas of special education and limited English proficiency when warranted by the needs of the student population,
13   recommended by an external review team and approved by the State Board of Education. Teacher specialists are limited to three
14   years of service at one school unless the specialist submits application for an extension and that application is accepted by the State
15   Department of Education and placement is made. Upon acceptance and placement, the specialist can receive the salary and
16   supplement for two additional years, but is no longer attached to the sending district or guaranteed placement in the sending district
17   following tenure in the program as provided in Section 59-18-1530 (F) of the South Carolina Code of Laws. Teacher specialist
18   funds may be carried forward from the prior fiscal year into the current fiscal year for the Teacher Specialists On-Site Program. A
19   principal specialist may be continued for a third year if requested by the local school board, recommended by the external review
20   team, and approved by the State Board of Education. For the third year, only the principal specialist salary supplement will be paid
21   by the State.
22      1A.38. (SDE-EIA: XI-Accreditation System) The State Board of Education and Department of Education, in developing the
23   criteria for the new accreditation system mandated by Section 59-18-710, shall consider including as an area the functioning of
24   school improvement councils and other school decision-making groups and their participation in the school planning process in
25   accordance with state requirements.
26      1A.39. (SDE-EIA: XI.A.3-Institute of Reading) The funds appropriated for the Institute of Reading must be used to implement
27   a comprehensive approach to improving the reading abilities of students in the middle grades and accelerating the learning of
28   middle grade students reading below grade level with strategies based on best practice and providing targeted assistance shown by
29   research to help these students to read at grade level. Funds may also be used in the same manner for high school grades.
30      1A.40. (SDE-EIA: EOC) The Education Oversight Committee may collect, retain and expend revenue from conference
31   registration and fees; charges for materials supplied to local school districts or other entities not otherwise mandated to be provided
32   by state law; and from other activities or functions sponsored by the committee including public awareness campaign activities.
33   Any unexpended revenue from these sources may be carried forward into the current fiscal year and expended for the same
34   purposes. The Education Oversight Committee is permitted to utilize the funds appropriated to it to fund programs promoting the
35   teaching of economic education in South Carolina.
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 1      1A.41. (SDE-EIA: Professional Development) With the funds appropriated for professional development, the Department of
 2   Education must disseminate the South Carolina Professional Development Standards, establish a professional development
 3   accountability system, and provide training to school leadership on the professional development standards, also training must be
 4   provided to educators on assessing student mastery of the content standards. The State Department of Education shall revise
 5   professional development activities and programs, including professional development on the standards, the SC Reading Initiative,
 6   and programs for administrators, to include emphasis on strategies and services for students at risk of retention. The State
 7   Department of Education shall provide information on the activities and programs and measures to gauge their effectiveness to the
 8   State Board of Education and the Education Oversight Committee by January 1.
 9      1A.42. (SDE-EIA: Principal Specialists) For each principal specialist funded and designated to a school district, the school
10   district may designate an apprentice to work with the specialist.
11      1A.43. (SDE-EIA: Report Card Printing) The State Department of Education is prohibited from printing the Annual School and
12   District Report Card in any other color other than black and white. School districts must advertise the results of their schools’
13   report cards in an audited newspaper of general circulation in their geographic area within 45 days. If the audited newspaper has
14   previously published the entire report card results as a news item, this requirement is waived for the school and district.
15   Notwithstanding Section 59-18-930, the requirement to mail school and district report cards is suspended and report cards may be
16   sent home with the students. The parent survey required by Section 59-28-190 may be sent home with the students and the
17   department must use the results of the parent survey to report parent perceptions on the school report cards.
18      1A.44. (SDE-EIA: Technical Assistance) Notwithstanding any other provision of law, and in order to best meet the needs of
19   low-performing schools, funds appropriated for homework centers, teacher specialists, principal specialists, retraining grants,
20   technical assistance to below average schools, and principal leaders must be allocated accordingly. Schools receiving an absolute
21   rating of below average must submit to the Department of Education a school renewal plan that includes actions consistent with
22   each of the alternative researched-based technical assistance criteria as approved by the Education Oversight Committee and the
23   Department of Education. The school renewal plans may include compensation incentives to provide salary supplements to
24   classroom teachers who are certified by the State Board of Education and who have obtained an Advanced Degree. The purpose
25   of these compensation packages is to improve the recruitment and retention of teachers with Advanced Degrees in
26   underperforming schools. If the school renewal plans are approved, schools would be permitted to use technical assistance funds
27   to provide these salary supplements. Upon approval of the plans by the Department of Education and the State Board of
28   Education, the school will receive an allocation of not less than $75,000, taking into consideration the enrollment of the schools.
29   The funds must be expended on strategies and activities as expressly outlined in the school renewal plan which may include, but
30   are not limited to, professional development, the Teacher Advancement Program (TAP), homework centers, diagnostic testing,
31   supplement health and social services, or comprehensive school reform efforts. The schools will work with the Department of
32   Education to broker the services of technical assistance personnel as needed and as stipulated in the school renewal plan. Funds
33   not expended in the current fiscal year may be carried forward and expended for the same purpose in the next fiscal year.
34   Furthermore, schools and school districts must use these technical assistance funds to augment or increase, not to replace local or
35   state revenues that would have been used if the technical assistance funds had not been made available. Schools and school
36   districts may use technical assistance funds only to supplement, and to the extent practical, increase the level of funds that would
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 1   be made available from other revenue sources for these schools. A school or district may not use these technical assistance funds
 2   to supplant funds from other sources.
 3      Schools receiving an absolute rating of unsatisfactory will be provided an external review team evaluation. Based upon the
 4   external review team evaluation, the schools must submit to the Department of Education a school renewal plan that includes
 5   actions consistent with the alternative research-based technical assistance criteria as approved by the Education Oversight
 6   Committee and the Department of Education. Upon approval of the plan by the Department of Education and the State Board of
 7   Education, the schools will receive an allocation of not less than $250,000, taking into consideration the enrollment of the schools
 8   and the recommendations of the external review team. The funds must be expended on strategies and activities as expressly
 9   outlined in the school renewal plan which may include, but are not limited to, professional development, the Teacher Advancement
10   Program (TAP), homework centers, diagnostic testing, supplement health and social services, or comprehensive school reform
11   efforts. The schools will work with the Department of Education to broker the services of technical assistance personnel as needed
12   and as stipulated in the school renewal plan. Funds not expended in the current fiscal year may be carried forward and expended
13   for the same purpose in the next fiscal year.
14      With the funds appropriated to the Department of Education for technical assistance services, the department will assist schools
15   with an absolute rating of unsatisfactory or below average in designing and implementing school renewal plans and in brokering
16   for technical assistance personnel as needed and as stipulated in the school renewal plan. In addition, the department must monitor
17   the expenditure of funds and the academic achievement in schools receiving these funds and report to the General Assembly and
18   the Education Oversight Committee by January 1 of 2007 and then by January 1 of each fiscal year following as the General
19   Assembly may direct. No more than five percent of the total amount appropriated for technical assistance services to schools with
20   an absolute rating of Unsatisfactory or Below Average may be retained and expended by the department for implementation of
21   technical assistance services.
22      1A.45. (SDE-EIA: Proviso Allocations) The State Department of Education may reduce by up to 10%, any allocation in Section
23   1A specifically designated by proviso in the event an official EIA revenue shortfall is declared by the BEA. No allocation for
24   teacher salaries shall be reduced as a result of this proviso.
25      1A.46. (SDE-EIA: School Districts and Special Schools Flexibility) All school districts and special schools of this State may
26   transfer up to one hundred percent of funds between programs to any instructional program provided the funds are utilized for
27   direct classroom instruction.
28      The South Carolina Department of Education must establish a procedure for the review of all transfers authorized by this
29   provision. The details of such transfers must be provided to members of the General Assembly upon request. School districts and
30   special schools may carry forward unexpended funds from the prior fiscal year into the current fiscal year to be used for the same
31   purpose. All transfers executed pursuant to this provision must be completed by May first of the current fiscal year. All school
32   districts and special schools of this State may expend funds received from the Children’s Education Endowment Fund for school
33   facilities and fixed equipment assistance, for any instructional program. The Education Oversight Committee shall review the
34   utilization of the flexibility provision to determine how it enhances or detracts from the achievement of the goals of the educational
35   accountability system, including the ways in which school districts and the state organize for maximum benefit to classroom
36   instruction, priorities among existing programs and services, and the impact on short, as well as, long-term objectives. The State
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 1   Department of Education shall provide the reports on the transfers to the Education Oversight Committee for the comprehensive
 2   review. This review shall be provided to the members of the General Assembly annually. Any grant or technical assistance funds
 3   allocated directly to an individual school may not be reduced or reallocated within the school district and must be expended by the
 4   receiving school only according to the guidelines governing the funds.
 5      1A.47. (SDE-EIA: XI.A.4-Retraining Grants) Funds appropriated for retraining grants in the prior fiscal year may be retained
 6   and expended during the current fiscal year by the schools that were awarded the grants during the prior fiscal year for the same
 7   purpose. Funds appropriated for Retraining Grants may be used for training for superintendents and school board members.
 8   Beginning with the 2004 annual school report card, a school initially designated as unsatisfactory or below average on the current
 9   year’s report card must receive by January 1, $10,000 from the funds appropriated for Retraining Grants and must expend the
10   funds for planning purposes in accordance with Section 59-18-1560. The school is then eligible to receive additional retraining
11   grant allocations in the following three school years in accordance with Section 59-18-1560 provided that the school meets the
12   guidelines developed by the Department. A school designated as unsatisfactory or below average for consecutive years may
13   combine the additional retraining grants allocations and homework center allocations for professional development or for extended
14   school day in accordance with the school’s improvement plan. Furthermore, any school that does not provide the evaluation
15   information necessary to determine effective use as required by Section 59-18-1560 is not eligible to receive additional funding
16   until the requested data is provided as outlined in the program guidelines.
17      1A.48. (SDE-EIA: XI.F.3-School Improvement Council Assistance) The School Improvement Council Assistance will
18   coordinate with the department to target schools and school districts designated as unsatisfactory. The department shall coordinate
19   with and monitor the services provided to the schools and districts by the School Improvement Council Assistance.
20      1A.49. (SDE-EIA: Critical Geographic Area) Notwithstanding the provision of Section 59-26-20(j) for those students seeking
21   loan cancellation under the Teacher Loan Program after July 1, 2004, “critical geographic area” shall be defined as schools that
22   have an absolute rating of below average or unsatisfactory, schools where the average teacher turnover rate for the past three years
23   is 20 percent or higher, or schools that meet the poverty index criteria at the 70 percent level or higher. The list shall also include
24   special schools, alternative schools, and correctional centers as identified by the State Board of Education. After July 1, 2005,
25   students shall have their loan canceled based on those schools or districts designated as a critical geographic area at the time of
26   employment. The definition of critical geographic area shall not change for those students who are in the process of having a loan
27   canceled, on or before June 30, 2005. Beginning in Fiscal Year 2005-06 the maximum loan amount will be increased to an amount
28   not to exceed $20,000.
29      1A.50. (SDE-EIA: Unallocated Funds for Teacher Specialists) The Department of Education shall develop procedures and
30   establish a timeline so schools that receive an unsatisfactory rating or a below average rating on the annual report card are given an
31   option to choose technical assistance offered by the department that includes teacher specialists, principal specialists and other
32   personnel assigned under the tiered system or alternative research-based technical assistance. Criteria for selecting alternative
33   research-based technical assistance are to be approved by the Education Oversight Committee and the Department of Education.
34   For the current school year, the department may utilize a supplemental alternative technical assistance program in a state of
35   emergency school district. The funds appropriated for alternative research-based technical assistance must be allocated to below
36   average and unsatisfactory schools based upon the school’s enrollment and school type with no school receiving less than $100,000
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 1   or more than $300,000 annually. Furthermore, it is the intent that the alternative research-based technical assistance will be
 2   provided for a minimum of three years in order to implement fully systemic reform and to provide opportunity for building local
 3   education capacity. The Education Oversight Committee, in cooperation with the Department of Education and with the schools
 4   and school districts participating in the alternative technical assistance programs, will monitor the effectiveness of the alternative
 5   technical assistance program.
 6      1A.51. (SDE-EIA: Teacher Salary Supplement) The department is directed to carry forward prior year unobligated teacher
 7   salary supplement and related employer contribution funds into the current fiscal year to be used for the same purpose.
 8      1A.52. (SDE-EIA: EAA Summer School, Grades 3-8) Funds appropriated for summer school shall be allocated to each local
 9   public school district based on the number of academic subject area scores below the basic on the prior year Spring PACT
10   administration for students in grades three through eight and on the number of students entering ninth grade who score below
11   proficient in reading. Individual student scores on the PACT shall not be the sole criterion used to determine whether a student on
12   an academic plan the prior year will be placed on probation or retained. Individual student scores on the PACT shall not be the
13   sole criterion for requiring students to attend summer school. School districts may consider other factors such as student
14   performance, teacher judgment, and social, emotional, and physical development in placing students on academic probation or
15   requiring summer school attendance. Students may not be placed on academic probation or retained based solely on the PACT
16   scores. The State Department of Education working with the Education Oversight Committee must develop a method to
17   supplement the PACT with diagnostic training and materials aligned to the content standards. Current year appropriations may be
18   expended for prior year EAA summer school purposes. Local public school districts shall utilize these funds in accordance with
19   the requirements of Section 59-18-500 of the 1976 Code. The State Department of Education is directed to utilize PACT-like tests
20   aligned with standards to be administered to students on academic probation required to attend summer school. The test shall be a
21   determinate in judging whether the student has the skills to succeed at the next grade level. The State Board of Education shall
22   establish regulations to define the extenuating circumstances including death of an immediate family member or severe long-term
23   student illness, under which the requirements of Section 59-18-900(D) may be waived. Furthermore, the Department of Education,
24   working with and through the SC Afterschool Alliance, will provide $250,000 to produce a model of voluntary quality standards
25   for out-of-school time programs, develop a directory of technical assistance, and identify gaps of service.
26      1A.53. (SDE-EIA: Alternative School Waiver Requirement) Notwithstanding any other provision of law, alternative schools
27   may receive funding if they meet the standards to qualify for a waiver from the Department of Education established in Section 59-
28   63-1310 for site requirements for the current fiscal year.
29      1A.54. (SDE-EIA: Class Size Reduction-Grade One) School districts which choose to reduce class size to fifteen-to-one in
30   grades one through three shall be eligible for funding for the reduced pupil-teacher ratios from funds provided by the General
31   Assembly for this purpose.
32      1A.55. (SDE-EIA: National About Face Pilot Program) Of the funds appropriated to the Department of Education for
33   homework centers, $610,000 shall be used for the National About Face Pilot Program.
34      1A.56. (SDE-EIA: High Schools That Work Programs) The Department of Education must report annually by December 1, to
35   the Governor, the Chairman of the Senate Finance Committee, Chairman of the House Ways and Means Committee, the Chairman
36   of the Senate Education Committee, and the Chairman of the House Education and Public Works Committee on the High Schools
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 1   that Work Programs’ progress and effectiveness in providing a better prepared workforce and student success in post-secondary
 2   education. The department, school districts, and special schools may carry forward unexpended funds from the prior fiscal year
 3   into the current fiscal that were allocated for High Schools That Work.
 4      1A.57. (SDE-EIA: PSAT/PLAN Reimbursement) Funds appropriated for assessment shall be used to pay for the administration
 5   of the PSAT or PLAN test to tenth grade students to include the testing fee and report fee. The department is authorized to carry
 6   forward into the current fiscal year, prior year state assessment funds for the purpose of paying for state assessment activities not
 7   completed by the end of the fiscal year including the scoring of the spring PACT assessment.
 8      1A.58. (SDE-EIA: EAA Report Card Criteria) The Education Oversight Committee may base ratings for school districts and
 9   high schools on criteria that include graduation from high school with a state high school diploma and ratings may be based on
10   criteria aligned with workforce needs including, but not limited to, exit examination performance and other criteria identified by
11   technical experts and appropriate groups of educators and workforce advocates. For other schools without standard-based
12   assessments the ratings may be based upon criteria identified by technical experts and appropriate groups of educators. All ratings
13   criteria must be approved by the Education Oversight Committee.
14      1A.59. (SDE-EIA: Excellence in Middle School Initiative) Funds appropriated for the Excellence in Middle Schools Initiative
15   shall be used to continue to fund the number of guidance counselors, school safety officers and/or school nurses in middle/junior
16   high schools. The funding allocation shall be based proportionately on the number of middle/junior high schools in each district.
17      1A.60. (SDE-EIA: After School Program/Homework Centers Allocation) The Department of Education is authorized to allocate
18   after school program/homework center funds first, by establishing an equitable base amount for unsatisfactory schools; second, by
19   establishing an equitable base amount for below average schools; and third, by allocating any remaining funds based on the ADM
20   of below average schools. By November 1 of the fiscal year, schools receiving funds for homework centers must report to the
21   Department of Education and to the Education Oversight Committee on changes in the PACT-English Language Arts scores in
22   both reading and writing of students who were participants in the homework centers during the prior school year.
23      1A.61. (SDE-EIA: Early Childhood Review) From the funds appropriated for EIA Four-Year-Old Early Childhood, the
24   Department of Education shall utilize up to $300,000 to institute a plan for reviewing, on a district basis, early childhood assets of
25   schools and districts based on 4K entry DIAL 3 scores, and South Carolina Readiness Assessment Reports. To accomplish this,
26   the department shall use reports that analyze program assets and provide guidance to local schools on the effective use of the
27   reports to enhance quality gaps. Children will be tracked from early childhood programs to fifth grade and beyond to study the
28   relationships of strong early childhood programs and increased performance on PACT, decreased drop out scores, decreased
29   referral for special education programs, and increased graduation rates. This review may not be used as a part of the EAA Report
30   Card for school year 2006-07 the current fiscal year.
31      1A.62. (SDE-EIA: Credits High School Diploma Distribution) The funds appropriated for Raise Academic Standards-Credits
32   High School Diploma shall be distributed to the school districts of the state based upon the 135 day count of Average Daily
33   Membership.
34      1A.63. (SDE-EIA: Teacher Recruitment/Retention Task Force) The Education Oversight Committee shall convene a task force
35   to evaluate current teacher recruitment and retention policies, particularly those that impact on schools that have historically
36   underachieved. Included in the task force will be representatives from the Department of Education, the Center for Educator
                                                                                                                                PAGE 384

 1   Recruitment, Retention, and Advancement (CERRA-South Carolina), institutions of higher learning, the Student Loan
 2   Corporation, the Commission on Higher Education, and classroom teachers from throughout South Carolina.
 3      1A.64. (SDE-EIA: Report Card Information) The percentage each school district expended on classroom instruction as defined
 4   by the Department of Education’s In$ite classification for “Instruction” must be printed on the Annual School and District Report
 5   Card.
 6      1A.65. (SDE-EIA: PACE Carry Forward) The Department of Education is authorized to carry forward $976,410 from EIA
 7   funds not expended during the prior fiscal year. Of these funds $871,000 must be used for the purpose of conducting the Program
 8   of Alternative Certification for Educators (PACE) in the current fiscal year and $105,410 to the Department of Juvenile Justice if,
 9   after a recount of student enrollment, the Department of Juvenile Justice is determined to be ineligible for additional federal Title II
10   Teacher Quality funds equal to $105,410.
11      1A.66. (SDE-EIA: Core Curriculum Materials) The funds appropriated in Part IA, Section 1, XI.A.3 for instructional materials
12   for core curriculum shall be expended consistent with the requirements of Section 59-31-600 of the 1976 Code requiring the
13   development of higher order thinking skills and critical thinking which should be integrated throughout the core curriculum
14   instructional materials. Furthermore, the evaluation criteria used to select instructional materials with funds appropriated in Part
15   IA, Section 1, XI.A.3 shall include a weight of up to ten percent of the overall criteria to the development of higher order thinking
16   skills and critical thinking.
17      1A.67. (SDE-EIA: Formative Reading Assessment) Beginning with the 2007-08 school year, for grades one and two, schools
18   will use a State Board approved developmentally appropriate formative reading assessment. However, districts that are currently
19   using other formative reading assessments because of the districts’ participation in grant programs may use those assessments in
20   the schools within their districts in lieu of using the State Board approved assessment. By August 1, 2007, those districts shall be
21   required to inform the Office of Assessment what equivalent assessment for grades one and two will be used. To the extent that
22   funds are available, the Department of Education may provide funds for districts to offset the assessment costs for non-grant
23   schools within those districts.
24      1A.68. (SDE-EIA: 3 Year Technical Assistance Plan) Notwithstanding any other provision of law, no school that received
25   technical assistance funding in Fiscal Year 2006-07 and that implemented a three-year technical assistance plan approved by the
26   Department of Education shall receive a reduction in those funds in Fiscal Year 2007-08 or subsequent years until the three-year
27   technical assistance plan has expired. At the end of the three-year period, the Department of Education will determine if the school
28   has met measured progress, has fully implemented systemic reform, and has built local education capacity to sustain academic
29   achievement.
30      1A.69. (SDE-EIA: XI.E.1-Public Choice Innovation Schools) With the funds provided, a grant program will be established to
31   support the creation of Public Choice Innovation Schools in South Carolina and to provide for their evaluation. These schools are
32   public choice alternatives for grade 4-8 students enrolled in the public schools rated Unsatisfactory or Below Average or students
33   enrolled in public schools rated Average or above and who scored Basic or below on any two or more subject area grade level
34   PACT assessments in grades 3-7 during the most recent school year. The goal of Public Choice Innovation Schools is to
35   demonstrate leadership in instructional, administrative or personnel practices yielding strong student academic achievement.
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 1      To assist entities in operating innovation schools, a grants program would be established by the State Board of Education. The
 2   grant would be for a minimum of five years with the first year of funding for planning and equipping purposes and the remaining
 3   years of supplemental funding for operation of the innovation school. Entities eligible to receive a grant include public and private
 4   partnerships. Partnerships include an educational management organization, a private corporation, an institution of higher
 5   education, a consortium of public schools districts and/or a contractual relationship between a private entity and a public school
 6   district. In the application process, partnerships must demonstrate at least one of the following strategies in improving leadership
 7   and academic achievement: changes in teacher compensation to address geographic or certification barriers and/or to offer
 8   performance incentives; utilization of novel leadership and administrative policies and procedures, to include preparation and
 9   certification of administrators, operational procedures and costs shared with other entities; continuous progress of students
10   between grades 4-8; virtual delivery of substantial portions of the curriculum; and novel or non-traditional uses of time, space and
11   technology in the instructional delivery of state academic content standards; or a combination of these strategies. The first year
12   planning grant to each proposed school would be $100,000 with innovation schools also eligible to receive additional grant funds
13   for equipment and facilities not to exceed $400,000 per partnership. In year two of the grant the partnership would receive funds
14   for operation of the school to include a maximum grant of $300,000 in supplement of the per pupil revenues from federal, state and
15   local sources. In years three through five the school would continue to receive grant funds but at the maximum level of eighty
16   percent of each previous year’s grant. Funding per innovation school would be dependent upon: state per pupil allocations;
17   supplementary allocations equal to local spending levels in the sending school; transportation allowance equivalent to the state
18   per pupil transportation expenditure; and federal funds as applicable to the student population. In year six and beyond, the
19   innovation school would receive a minimum supplement of $100,000.
20      Eligible to attend the Public Choice Innovation schools are students who meet one of the following conditions: (1) are enrolled
21   in grades 4 through 8 and are assigned to a school rated Below Average or Unsatisfactory; or (2) are enrolled in schools with an
22   absolute rating of Average or above and scored Basic or below on any two or more subject area grade level PACT assessments in
23   grades 3 through 7 during the most recent school year. Students are not required to attend a Public Choice Innovation School in
24   their district of residence. As long as no eligible student is denied admission, the Public Choice Innovation School may accept
25   other students as their parents choose to enroll them and receive funded as previously defined. Once a student is enrolled in a
26   Public Choice Innovation School, the child is guaranteed enrollment in the appropriate grades as long as the school remains in
27   operation, unless the student violates behavioral expectations, or the parents choose to transfer the student to another school for
28   which the student is eligible. An innovation school may not discriminate against any student on the basis of race, color, national
29   origin, gender, disability or prior academic performance.
30      Public Choice Innovation Schools are required to participate in the statewide testing program; however, the schools shall not
31   receive Education Accountability Act ratings until the third year of operation. The initial rating addresses student performance in
32   the third year of operations. Public Choice Innovation Schools are exempt from all statutes and regulations governing educator
33   contracts, and from education program instruction and facility regulations except those regulations which protect the health and
34   safety of the student and educator.
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 1      An independent longitudinal evaluation of Public Choice Innovation Schools is to be conducted or contracted by the Education
 2   Oversight Committee and must include a value-added component so that valid comparisons can be made to student performance in
 3   traditional public schools and public charter schools.
 4      Of the funds provided herein, the first $200,000 will be directed to the South Carolina Public Charter School District Board of
 5   Trustees which shall be authorized to use these funds for administrative costs to make the district operational.
 6      1A.70. (SDE-EIA: Teacher Supply Addition) The Department of Education is authorized to carry forward the amount necessary
 7   from EIA funds not expended in the prior fiscal year to increase the teacher supply allocation, as provided for elsewhere in this
 8   Act, to $275.
 9   SECTION 1AA - H66 -LOTTERY EXPENDITURE ACCOUNT
10
11      1AA.1. (LEA: Audit) Each state agency receiving lottery funds shall develop and implement procedures to monitor the
12   expenditures of lottery funds in order to ensure that lottery funds are expended in accordance with applicable state laws, rules, and
13   regulations. The Office of the State Auditor shall ensure that state agencies receiving lottery funds have procedures in place to
14   monitor expenditures of lottery funds and that the monitoring procedures are operating effectively.
15      1AA.2. (LEA: SDE Lottery Carry Forward) The Department of Education is authorized to carry forward and expend any
16   unexpended balances of lottery funds from the prior fiscal year into the current fiscal year for expenditures incurred in the prior
17   fiscal year or to be expended for the same purpose.
18      1AA.3. (LEA: SDE Transfer Restriction) Funds appropriated from the Education Lottery Account for K-5, Reading,
19   Mathematics, Science, and Social Studies Programs, grants, or technical assistance funds allocated directly to an individual school
20   may not be transferred and may only be expended for the purposes for which these funds have been appropriated. However, all
21   school districts may transfer up to one hundred percent of other lottery funds appropriated to school districts between programs to
22   any instructional program provided the funds are utilized for direct classroom instruction.
23      1AA.4. (LEA: Higher Education Excellence Enhancement Program) Notwithstanding any other provision of law, all funds
24   appropriated for the Higher Education Excellence Enhancement Program shall be allocated equally among the eligible institutions
25   as defined in Section 2-77-15. The Commission on Higher Education is authorized to retain and carry forward funds not allocated
26   in the prior fiscal year and to allocate those funds in the current fiscal year equally among the eligible institutions as defined in
27   Section 2-77-15.
28      1AA.5. (LEA: Technology Lottery Funds) For the purposes of the allocation of technology funds from the lottery proceeds,
29   $125,000 shall be transferred from the portion designated for 2-year institutions to the portion designated for 4-year institutions for
30   each University of South Carolina 2-year institution that has moved to a 4-year status since 2000.
31      1AA.6. (LEA: FY 06-07 Lottery Funding) There is appropriated from the Education Lottery Account for the following
32   education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control Board
33   as directed below. These appropriations must be used to supplement and not supplant existing funds for education.
34      The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the
35   appropriations of the Education Lottery Account as provided in this section.
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 1      All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including
 2   any interest earnings and of those funds, $30,600,000 shall be used to support the appropriations contained below. After the first
 3   $30,600,000 of lottery funds carried forward from the prior fiscal year are realized, the next $12,150,000 shall be directed to the
 4   State Board of Technical and Comprehensive Education to be used for the Allied Health Initiative. The next $500,000 shall be
 5   directed to the Arts Partnership of Greater Spartanburg, Inc. for educational programming in the Science Center and History
 6   Museum. The programming is to be based on South Carolina K-12 Curriculum and be used to support teachers in their classrooms
 7   and for science career development. The remaining balance is directed to the South Carolina State Library for equal distribution to
 8   each county for local libraries.
 9      For Fiscal Year 2006-07 certified net lottery proceeds and investment earnings and any other proceeds identified by this
10   provision are appropriated as follows:
11        (1) Commission on Higher Education--Tuition Assistance Two-Year Institutions, $45,000,000;
12        (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59, $87,911,636;
13        (3) Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370, $7,144,909;
14        (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20, $17,830,758;
15        (5) Commission on Higher Education--Need-Based Grants, $11,246,093;
16        (6) Tuitions Grants Commission--Tuition Grants, $7,766,604;
17        (7) Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75,
18             $1,700,000;
19        (8) Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2, $30,000,000;
20        (9) South Carolina State University--$2,500,000;
21       (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges, $3,600,000;
22       (11) Department of Education--Teacher Specialists, $11,000,000;
23       (12) Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided in Section 59-1-525,
24             $46,500,000;
25       (13) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program, $2,000,000; and
26       (14) Commission on Higher Education--Higher Education Excellence Enhancement Program, $4,700,000.
27      Fiscal Year 2006-07 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to
28   the technical colleges and 2-year institutions as provided in Section 59-150-360.
29      The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to
30   ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition
31   Assistance program at such a level to support at least $996 per student per term for full time students.
32      Fiscal Year 2006-07 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment
33   earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for
34   Fiscal Year 2006-07 are fully funded.
                                                                                                                                                                  PAGE 388

 1      If the lottery revenue received for Fiscal Year 2006-07 is less than the amounts appropriated, the projects and programs
 2   receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction must
 3   not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
 4      The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE,
 5   HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
 6      For Fiscal Year 2006-07, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year
 7   Universities, 2-Year Institutions, and State Technical Colleges.
 8      Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $200,000 shall be
 9   directed to the S.C. School for the Deaf and the Blind for technology, equipment, and support for multi-disabled students enrolled
10   in education degree and vocational certificate programs. The next $250,000 will be directed to the Department of Education for
11   Agriculture in the Classroom. The next $2,600,000 will be directed to the Commission on Higher Education for Tuition Assistance
12   Two-Year Institutions. Any individual item funded by unclaimed prize funds that are available in excess of the Board of Economic
13   Advisors estimate may be partially funded in the order in which it appears, to the extent that revenues are available. The
14   allocations of Section 59-150-230(I) of the 1976 code are suspended for the current fiscal year. All additional revenue in excess of
15   the amount certified by the Board of Economic Advisors for unclaimed prizes shall be distributed to the Higher Education Tuition
16   Grants Commission for Tuition Grants.
17      Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control
18   Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.
19      1AA.7. (LEA: FY 07-08 Lottery Funding) There is appropriated from the Education Lottery Account for the following
20   education purposes and programs and funds for these programs and purposes shall be transferred by the Budget and Control
21   Board as directed below. These appropriations must be used to supplement and not supplant existing funds for education.
22      The Budget and Control Board is directed to prepare the subsequent Lottery Expenditure Account detail budget to reflect the
23   appropriations of the Education Lottery Account as provided in this section.
24      All Education Lottery Account revenue shall be carried forward from the prior fiscal year into the current fiscal year including
25   any interest earnings, which shall be used to support the appropriations contained below.
26      For Fiscal Year 2007-08 certified net lottery proceeds and investment earnings and any other proceeds identified by this
27   provision are appropriated as follows:
28         (1) Commission on Higher Education--Tuition Assistance Two-Year Institutions ........................................ $ 45,000,000;
29         (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149 of Title 59............. $ 62,604,207;
30         (3) Commission on Higher Education--HOPE Scholarships as provided in Section 59-150-370 ................ $ 7,767,606;
31         (4) Commission on Higher Education--Palmetto Fellows Scholarships as provided in Section 59-104-20 . $ 28,915,490;
32         (5) Commission on Higher Education--Need-Based Grants.......................................................................... $ 11,246,093;
33         (6) Tuitions Grants Commission--Tuition Grants .......................................................................................... $ 7,766,604;
34         (7) Commission on Higher Education--National Guard Tuition Repayment Program as provided
35              in Section 59-111-75 ................................................................................................................................ $ 1,700,000;
36         (8) Commission on Higher Education--Endowed Chairs as provided in Chapter 75 of Title 2 .................... $ 30,000,000;
                                                                                                                                                                   PAGE 389

 1         (9) South Carolina State University ............................................................................................................... $ 2,500,000;
 2         (10) Technology--Public 4-Year Universities, 2-Year Institutions, and State Technical Colleges .................. $ 3,600,000;
 3         (11) Department of Education--K-5 Reading, Math, Science & Social Studies Program as provided
 4              in Section 59-1-525 .................................................................................................................................. $ 50,000,000;
 5         (12) Department of Education--Grades 6-8 Reading, Math, Science & Social Studies Program ................... $ 2,000,000;
 6         (13) Commission on Higher Education--Higher Education Excellence Enhancement Program .................... $ 4,700,000; and
 7         (14) School for the Deaf and the Blind--Technology Replacement ................................................................. $                               200,000.
 8      Fiscal Year 2007-08 funds appropriated to the Commission on Higher Education for Tuition Assistance must be distributed to
 9   the technical colleges and 2-year institutions as provided in Section 59-150-360.
10      The Commission on Higher Education is authorized to temporarily transfer funds between appropriated line items in order to
11   ensure the timely receipt of scholarships and tuition assistance. It is the goal of the General Assembly to fund the Tuition
12   Assistance program at such a level to support at least $996 per student per term for full time students.
13      Fiscal Year 2007-08 net lottery proceeds and investment earnings in excess of the certified net lottery proceeds and investment
14   earnings for this period are appropriated and must be used to ensure that all LIFE, Palmetto Fellows, and HOPE scholarships for
15   Fiscal Year 2007-08 are fully funded.
16      If the lottery revenue received for Fiscal Year 2007-08 is less than the amounts appropriated, the projects and programs
17   receiving appropriations for any such year shall have their appropriations reduced on a pro rata basis, except that a reduction
18   must not be applied to the funding of LIFE, HOPE, and Palmetto Fellows Scholarships.
19      The Commission on Higher Education is authorized to use up to $260,000 of the funds appropriated in this provision for LIFE,
20   HOPE, and Palmetto Fellows scholarships to provide the necessary level of program support for the scholarship award process.
21      For Fiscal Year 2007-08, $8,400,000 certified from unclaimed prizes shall be appropriated for Technology: Public 4-Year
22   Universities, 2-Year Institutions, and State Technical Colleges. The allocations of Section 59-150-230(I) of the 1976 code are
23   suspended for the current fiscal year.
24      Of any unclaimed prize funds available in excess of the Board of Economic Advisors estimate, the first $500,000 shall be
25   directed to the Department of Education to implement the Schools Attuned program. The next $1,000,000 shall be directed to the
26   State Library to be distributed to local libraries for operating expenses. All additional revenue in excess of the amount certified by
27   the Board of Economic Advisors for unclaimed prizes shall be distributed to the Commission on Higher Education for Need-Based
28   Grants.
29      Notwithstanding the provisions of Section 59-150-355 of the 1976 Code or any other provision of law, the Budget and Control
30   Board may distribute funds from the Education Lottery Account on a monthly basis during the final quarter of the fiscal year.
31
32   SECTION 2 - H71 - WIL LOU GRAY OPPORTUNITY SCHOOL
33
34     2.1. (WLG: Truants) The Opportunity School will incorporate into its program services for students, ages 15 and over, who are
35   deemed truant; and will cooperate with the Department of Juvenile Justice, the Family Courts, and School districts to encourage the
                                                                                                                            PAGE 390

 1   removal of truant students to the Opportunity School when such students can be served appropriately by the Opportunity School’s
 2   program.
 3      2.2. (WLG: GED Test) Students attending school at the Wil Lou Gray Opportunity School that are 16 years of age and are
 4   unable to remain enrolled due to the necessity of immediate employment or enrollment in post secondary education may be eligible
 5   to take the General Education Development (GED) Test. Prior to taking the GED the student must be pretested using the official
 6   General Education Development Practice Test and score a minimum of 220.
 7      2.3. (WLG: Deferred Salaries Carry Forward) Wil Lou Gray is authorized to carry forward into the current fiscal year the
 8   amount of the deferred salaries and employer contributions earned in the prior fiscal year for non-twelve month employees. These
 9   deferred funds are not to be included or part of any other authorized carry forward amount.
10      2.4. (WLG: Improved Forestry Practices) The Trustees of the Wil Lou Gray Opportunity School may carry out improved
11   forestry practices on the timber holdings of the school property and apply the revenues derived from them and any other revenue
12   source on the property for the further improvement and development of the school forest and other school purposes.
13      2.5. (WLG: Educational Program Initiatives) Wil Lou Gray Opportunity School is authorized to utilize funds received from the
14   Department of Education for vocational equipment on educational program initiatives.
15
16   SECTION 3 - H75 - SCHOOL FOR THE DEAF AND THE BLIND
17
18      3.1. (SDB: Student Activity Fee) The School for the Deaf and the Blind is authorized to charge to the parents of students at the
19   school a student activity fee, differentiated according to the income of the family. The required student activity fee shall not
20   exceed $40.00. Such revenue may be retained and carried forward into the current fiscal year and expended for the purpose of
21   covering expenses for student activities.
22      3.2. (SDB: Weighted Student Cost) The School for the Deaf and the Blind shall receive through the Education Finance Act the
23   average State share of the required weighted cost for each student enrolled in the School
24      3.3. (SDB: Admissions) Deaf, blind, multi-disabled and other disabled students identified by the Board of Commissioners as
25   target groups for admission to the South Carolina School for the Deaf and the Blind may be admitted by the School either through
26   direct application by parents or on referral from the local school district. The Board of Commissioners shall define the appropriate
27   admissions criteria including mental capacity, degree of disability, functioning level, age, and other factors deemed necessary by
28   the board. All placement hearings for admission to the South Carolina School for the Deaf and the Blind shall be organized by the
29   School. The South Carolina School for the Deaf and the Blind shall obtain information from the local school district concerning
30   the needs of the student and shall prepare an Individualized Education Plan for each student admitted. All parents applying for
31   admission of their children must sign a statement certifying that they feel the South Carolina School for the Deaf and the Blind is
32   the most appropriate placement which constitutes the least restrictive environment for the individual student, based upon needs
33   identified in the placement meeting and the Individualized Education Plan. The decision concerning placement and least restrictive
34   environment shall be reviewed annually at the IEP Conference.
35      3.4. (SDB: Adult Vocational Program Fees) The School for the Deaf and the Blind is authorized to charge appropriate tuition,
36   room and board, and other fees to students accepted into the Adult Vocational Program. Such fees will be determined by the
                                                                                                                              PAGE 391

 1   School Board of Commissioners, and such revenue shall be retained and carried forward into the current fiscal year and expended
 2   by the School for the purpose of covering expenses in the Adult Vocational Program.
 3      3.5. (SDB: Mobility Instructor Service Fee) The School for the Deaf and the Blind is authorized to charge a fee for the services
 4   of a mobility instructor to provide service on a contractual basis to various school districts in the state, and such revenue shall be
 5   retained and carried forward into the current fiscal year and expended by the School for the purpose of covering expenses in the
 6   Blind School.
 7      3.6. (SDB: Cafeteria Revenues) All revenues generated from cafeteria operations may be retained and expended by the
 8   institution for the purpose of covering actual expenses in cafeteria operations.
 9      3.7. (SDB: School Buses) The school buses of the South Carolina School for the Deaf and the Blind are authorized to travel at
10   the posted speed limit.
11      3.8. (SDB: USDA Federal Grants) All revenues generated from U.S.D.A. federal grants may be retained and expended by the
12   SCSDB in accordance with Federal regulations for the purpose of covering actual expenses in the cafeteria/food service operations
13   of the school.
14      3.9. (SDB: By-Products Revenue Carry Forward) The School for the Deaf and the Blind is authorized to sell goods that are
15   by-products of the school’s programs and operations, charge user fees and fees for services to the general public: individuals,
16   organizations, agencies and school districts, and such revenue may be retained and carried forward into the current fiscal year and
17   expended for the purpose of covering expenses of the school’s programs and operations.
18      3.10. (SDB: Deferred Salaries Carry Forward) South Carolina School for the Deaf and the Blind is authorized to carry forward
19   in the current fiscal year the amount of the deferred salaries and employer contributions earned in the prior fiscal year for
20   nontwelve month employees. These deferred funds are not to be included or part of any other authorized carry forward amount.
21      3.11. (SDB: Sale of Property) After receiving approval from the Budget and Control Board for the sale of property, the school
22   may retain revenues associated with the sale of property titled to or utilized by the school. These funds shall be expended on capital
23   improvements approved by the Joint Bond Review Committee and the Budget and Control Board.
24      3.12. (SDB: USC-Spartanburg Upstate Visual Impairment Master of Education Program) Of the funds appropriated to the
25   South Carolina School for the Deaf and the Blind, $50,000 shall be used to fund the Master of Education Program In Visual
26   Impairment at the University of South Carolina in Spartanburg - Upstate.
27      3.13. (SDB: School Bus Purchase) The School for the Deaf and the Blind shall receive, from the amounts appropriated for
28   School Transportation School Bus Purchases, funds for two new school buses equipped appropriately for the students enrolled in
29   the school according to the School for the Deaf and the Blind’s specifications. Funds used for this purpose shall not exceed
30   $250,000.
31
32   SECTION 4 - L12 - JOHN DE LA HOWE SCHOOL
33
34     4.1. (JDLHS: Status Offender Carry Forward) Unexpended status offender funds distributed to John de la Howe School from
35   the Department of Education may be carried forward and used for the same purpose.
                                                                                                                           PAGE 392

 1      4.2. (JDLHS: Campus Private Residence Leases) John de la Howe School is authorized to lease, to its employees, private
 2   residences on the agency’s campus. Funds generated may be retained and used for general operating purposes including, but not
 3   limited to, maintenance of the residences.
 4
 5   SECTION 5A - H03 - COMMISSION ON HIGHER EDUCATION
 6
 7      5A.1. (CHE: Contract for Services Program Fees) The amounts appropriated in this section for “Southern Regional Education
 8   Board Contract Programs” and “Southern Regional Education Board Dues” are to be used by the commission to pay to the
 9   Southern Regional Education Board the required contract fees for South Carolina students enrolled under the Contract for Services
10   program of the Southern Regional Education Board, in specific degree programs in specified institutions and the Southern
11   Regional Education Board membership dues. The funds appropriated may not be reduced to cover any budget reductions or be
12   transferred for other purposes.
13      5A.2. (CHE: Out-of-State School of the Arts) The funds appropriated herein for Out-of-State School of the Arts must be
14   expended for an SREB Contract Program, administered by the Commission, which will offset the difference between the
15   out-of-state cost and in-state cost for artistically talented high school students at the North Carolina School of the Arts.
16      5A.3. (CHE: Access & Equity Programs) Of the funds appropriated herein for Access and Equity Programs, the Commission
17   on Higher Education shall distribute at least $98,313 to South Carolina State University, $24,559 to Denmark Technical College,
18   and $588,741 to the Access and Equity Program. With the funds appropriated herein the colleges and universities shall supplement
19   their access and equity programs so as to provide, at a minimum, the same level of minority recruitment activities as provided
20   during the prior fiscal year.
21      5A.4. (CHE: Performance Funding Calculations Changes) The allocations made for the immediate fiscal year following March
22   1 of any year may not be adjusted by the commission due to any change in performance funding calculations, or methodology.
23      5A.5. (CHE: Allowable Tuition and Fees) State funds shall not be used to provide undergraduate out-of-state subsidies to
24   students attending state-supported public institutions of higher learning, as defined in Section 59-103-5.
25      5A.6. (CHE: African-American Loan Program) Of the funds appropriated to the Commission on Higher Education for the
26   African-American Loan Program, $149,485 shall be distributed to South Carolina State University and $53,389 shall be distributed
27   to Benedict College, and must be used for a loan program with the major focus of attracting African-American males to the
28   teaching profession. The Commission of Higher Education shall act as the monitoring and reporting agency for the
29   African-American Loan Program. Of the funds allocated according to this proviso, no more than 10% shall be used for
30   administrative purposes.
31      5A.7. (CHE: GEAR-UP) Funds appropriated for GEAR-UP shall be used for state grants programs to reach disadvantaged
32   middle school students to improve their preparation for college. Eligible South Carolina public schools and public institutions of
33   higher education shall cooperate with the Commission on Higher Education in the provision of services under the Gaining Early
34   Awareness and Readiness for Undergraduate Programs (GEAR-UP) grant.
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 1      5A.8. (CHE: EPSCoR Committee Representation) With the intent that the four-year teaching institutions receive a portion of
 2   EPSCoR funding, the State EPSCoR Committee shall have an executive committee consisting of one representative from each of
 3   the research institutions and one representative from the four-year teaching university sector.
 4      5A.9. (CHE: SREB Funds Exempt From Budget Cut) In the calculation of any across the board cut mandated by the Budget
 5   and Control Board or General Assembly, the amount which the Commission on Higher Education is appropriated for Southern
 6   Regional Education Board Professional Scholarship Programs and Fees, Dues and Assessments shall be excluded from the
 7   Commission on Higher Education’s base budget.
 8      5A.10. (CHE: Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal year in
 9   which the general funds appropriated for an institution of higher education are less than the general funds appropriated for that
10   institution in the preceding fiscal year, or whenever the General Assembly or the Budget and Control Board implements a midyear
11   across-the-board budget reduction, agency heads for institutions of higher education and the State Board for Technical and
12   Comprehensive Education through policy and procedure for the Technical College System may institute employee furlough
13   programs of not more than twenty working days in the fiscal year in which the deficit is projected to occur. The furlough must be
14   inclusive of all employees regardless of source of funds, place of work, or tenure status, and must include employees in classified
15   positions and unclassified positions as well as agency heads. Scheduling of furlough days, or portions of days, shall be at the
16   discretion of the agency or individual institution. During this furlough, affected employees shall be entitled to participate in the
17   same state benefits as otherwise available to them except for receiving their salaries. As to those benefits which require employer
18   and employee contributions, including but not limited to contributions to the South Carolina Retirement System or the optional
19   retirement program, institutions will be responsible for making both employer and employee contributions during the time of the
20   furlough if coverage would otherwise be interrupted; and as to those benefits which require only employee contributions, the
21   employee remains solely responsible for making those contributions. Placement of an employee on furlough under this provision
22   does not constitute a grievance or appeal under the State Employee Grievance Act. In the event an institution’s reduction is due
23   solely to the General Assembly transferring or deleting a program, this provision does not apply. The implementation of a
24   furlough program authorized by this provision shall be on an institution by institution basis.
25      5A.11. (CHE: Unspent Scholarship Grants) Notwithstanding the provisions of Section 59-143-10, any unspent balance in the
26   Higher Education Scholarship Grants share of the Children’s Education Endowment Fund, including interest and low-level
27   radioactive waste tax revenue from previous years’ collections, may be made available for Need-based Grants and Palmetto
28   Fellows Scholarships during the current fiscal year.
29      5A.12. (CHE: Mid-Year Reduction Exemption) Notwithstanding any other provision of law, whenever the General Assembly
30   or the Budget and Control Board implement a mid-year budget reduction, Commission on Higher Education appropriations for the
31   Legislative Incentives for Future Excellence (LIFE) scholarships, the Need-based Grants, and Palmetto Fellows Scholarships are
32   exempt from any mid-year budget reductions.
33      5A.13. (CHE: Performance Improvement Pool Allocation) Of the funds appropriated to the Commission on Higher Education
34   under Section XI. Special Items: Performance Funding, $1,642,536 will be allocated to the EPSCoR program under the
35   Commission on Higher Education to improve South Carolina’s research capabilities, $410,635 will be allocated to South Carolina
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 1   State University as matching funds for the Transportation Center, and $410,635 will be allocated to support the management
 2   education programs of the School of Business at South Carolina State University.
 3      5A.14. (CHE: Gifted Student Scholarship Criteria) For an exceptionally gifted student who is a resident of South Carolina and
 4   is accepted into an institution of higher learning without having attended or graduated from high school, the Commission on
 5   Higher Education by regulation must define alternative criteria for the student to qualify for a Palmetto Fellows Scholarship.
 6      5A.15. (CHE: Troop-to-Teachers) Members of the Armed Forces either active-duty, retired, or separated who are admitted to
 7   and enrolled in the South Carolina Troop-to-Teachers Alternative Route to Certification program are entitled to pay in-state rates at
 8   participating state institutions for requisite program work.
 9      5A.16. (CHE: Research Universities Matching Resources) Notwithstanding the provisions of Sections 2-75-05(B)(4) and (6)
10   and 2-75-50 of the 1976 Code, to meet the endowed professorships matching requirement of those provisions, a research university
11   may use funds specifically provided for use in the areas of Engineering, Nanotechnology Biomedical Sciences, Energy Sciences,
12   Environmental Sciences, Information and Management Sciences, and for other sciences and research that create well-paying jobs
13   and enhanced economic opportunities for the people of South Carolina and that are approved by the Research Centers of
14   Excellence Review Board that are derived from private or federal government sources, excluding state appropriations to the
15   institution, tuition, or fees. The only federal dollars that may be used to meet the endowed professorships matching requirement
16   are those federal dollars received after July 1, 2003.
17      5A.17. (CHE: International Exchange Program Abatement) State supported colleges and universities which have an established
18   and ongoing relationship in one or more degree programs with an international institution, the terms of which have been formally
19   approved by the institution’s Board of Trustees, and the relationship includes regular arrangements for the enrollment of qualified
20   students and/or the exchange of faculty between the institutions, although not necessarily in equal exchange numbers, may charge
21   tuition to such qualified students at the South Carolina resident rate.
22      5A.18. (CHE: SREB Veterinary Students) Of the funds appropriated to or authorized for the Commission on Higher Education,
23   the commission is directed to fund the Southern Regional Educational Board dues at an appropriate amount to include five
24   additional veterinary medicine students.
25      5A.19. (CHE: EPSCOR Transfer Authority) At the discretion of the State Manager of the South Carolina EPSCoR Program, the
26   State Manager is authorized to transfer the South Carolina EPSCoR Program from the South Carolina Research Authority to the
27   Commission on Higher Education. Regardless of whether the State Coordinator chooses for the program to be transferred, no
28   funds appropriated to or authorized for the South Carolina EPSCoR Program may be retained by the South Carolina Research
29   Authority or the Commission on Higher Education without the consent of the South Carolina EPSCoR Program.
30      5A.20. (CHE: Excellence Enhancement Program Additions) Notwithstanding any other provision of law, Converse College and
31   Columbia College shall be eligible to receive funds under the Higher Education Excellence Enhancement Program.
32      5A.21. (CHE: Need-Based Grants for Foster Youth) For the current academic year, youth in the custody of the Department of
33   Social Services and attending a higher education institution in South Carolina are eligible for additional need-based grants funding
34   of up to $2,000 above the $2,500 maximum. Foster youth must apply for these funds no later than May 1, of the preceding year.
35   All other grants, both state and federal, for which these foster youth are eligible must be applied first to the cost of attendance prior
36   to using the additional need-based grant funding. If the cost of attendance for a foster youth is met with other grants and
                                                                                                                          PAGE 395

 1   scholarships, then no additional need-based grant may be used. The Department of Social Services, in cooperation with the
 2   Commission on Higher Education, will track the numbers of recipients of this additional need-based grant to determine its
 3   effectiveness in encouraging more foster youth to pursue a secondary education. No more than $100,000 may be expended from
 4   currently appropriated need-based grants funding for this additional assistance.
 5      5A.22. (CHE: Out-Of-State Eligibility) For Fiscal Year 2006-2007 the current fiscal year, students who are South Carolina
 6   residents and enrolled in out-of-state high schools shall may be eligible to receive the Palmetto Fellows, Life, and Hope
 7   scholarships. Eligibility shall be calculated utilizing criteria for in-state students. Any fees associated with the resulting
 8   conversion of grades or class rank to the South Carolina Uniform Grading Scale shall be the responsibility of the student. For the
 9   purposes of meeting the rank criteria for the Palmetto Fellows and LIFE scholarships, the existing high school rank may be used
10   to provided it is calculated per a state-approved, standardized grading scale at the respective out-of-state high school.
11      5A.23. (CHE: Higher Education Price Index) Tuition and fees for in-state undergraduates at state supported higher education
12   institutions in South Carolina shall not be increased more than the previous year’s Higher Education Price Index.
13      5A.24. (CHE: Grants and Scholarships) No state or other appropriated funds authorized in this act or authorized in any state
14   law may be used to provide illegal aliens tuition assistance, scholarships, or any form of reimbursement of student expenses for
15   enrolling in or attending an institution of higher learning in this State. The Commission on Higher Education, the Higher
16   Education Tuition Grants Commission, the South Carolina Student Loan Corporation, and the individual public institutions of
17   higher learning are responsible for ensuring compliance with this provision.
18      5A.25. (CHE: Mission Resource Requirement) Of the funds appropriated to the Commission on Higher Education for
19   Education and General Funds for Institutions, the commission shall allocate the funds to four-year comprehensive teaching
20   colleges and universities and two year branches of the University of South Carolina to bring those institutions whose existing
21   appropriation to the Mission Resource Requirement ratio is below 70%, up to the level of 70%. In addition, the following
22   institutions will each receive up to $1,000,000: Francis Marion University, South Caroline State University, The Citadel, and
23   University of Charleston.
24      5A.26. (CHE: Rural Ophthalmologists and Optometrists Program Study Committee) A committee is established to assess the
25   need for ophthalmologists and optometrists in rural areas of South Carolina. The committee is directed to conduct a study on the
26   establishment of a rural ophthalmologists and optometrists program which will offer incentives to ophthalmologists and
27   optometrists to practice in rural areas. The committee shall be composed of the following members: the Chair of the
28   Ophthalmology Department of the Medical University of South Carolina, a representative of the UAB School of Optometry, the
29   Chair of the Ophthalmology Department of the University of South Carolina; a representative of the Southern College of
30   Optometry; three ophthalmologists and three optometrists, preferably practicing in rural areas, nominated by the South Carolina
31   Society of Ophthalmology Board of Directors and the State Board of Optometric Examiners to serve staggered 4 year terms. The
32   Executive Director of the SC Society of Ophthalmology, the Executive Director of the South Carolina Optometric Association, a
33   representative of the Department of Health and Environmental Control and an Area Health Education Consortium official shall
34   serve as ex-officio members of the committee. Members of the committee shall serve without compensation.
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 1      The committee shall receive staff support from the Medical University of South Carolina, the University of South Carolina, the
 2   Department of Health and Environmental Control and the Area Health Education Consortium. The results of this study are to be
 3   reported to the General Assembly by January 15, 2008.
 4      5A.27. (CHE: Critical Needs Nursing Initiative Fund) (1) The South Carolina Critical Needs Nursing Initiative Fund is hereby
 5   created for Fiscal Year 2007-2008 under the Commission on Higher Education to provide incentives to retain nurse faculty
 6   scholars, attract new nurse faculty, provide loans, grants, and scholarships to in-state resident nursing students, establish a
 7   research office to predict health care workforce needs, and provide technology to increase accessibility to clinical education
 8   needs.
 9      (2) (a) The Commission on Higher Education shall administer the provisions of this paragraph and the funding provided to the
10   Critical Needs Nursing Initiative Fund in Fiscal Year 2007-2008 to implement the initiatives provided in this paragraph. The
11   commission shall make disbursements from the Critical Needs Nursing Initiative Fund to the institutions or students in the manner
12   and for the purposes provided by this paragraph.
13          (b) To assist the commission in performing its duties related to this fund, the commission shall consult with members of the
14   Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the chairperson, or
15   designee, of the South Carolina Council of Deans and Directors in Nursing Education.
16      (3) Of the funds made available for the Critical Needs Nursing Initiative Fund for Fiscal Year 2007-2008, amounts must be used
17   for the following nursing and health professional initiatives in recommended priority order:
18          (a) faculty salary enhancements;
19          (b) new faculty;
20          (c) student scholarship, loan, and grant programs;
21          (d) establishment of the Office of Health Care Workforce Research; and
22          (e) use of simulation technology and equipment.
23      (4) (a) From the Critical Needs Nursing Initiative Fund based on available funds, it is the intent of the General Assembly that
24   faculty salary enhancements be provided in Fiscal Year 2007-2008 for nursing faculty at accredited nursing programs at the
25   public institutions of higher learning at the two-year, four-year, and graduate levels. This enhancement is intended to bring
26   salaries for nursing faculty within the average for the geographic area in which the State of South Carolina competes for nursing
27   faculty. Salary enhancements shall be based on a twelve-month appointment and prorated for nine-month appointments.
28          (b) In regard to these faculty salary enhancements, the Commission on Higher Education shall determine and distribute
29   funds from the Critical Needs Nursing Initiative Fund to the institutions where such faculty are employed. The governing body of
30   the institution pursuant to its procedures shall then allocate these enhancements among its affected faculty in such amounts as it
31   determines appropriate consistent with the guidelines of this paragraph.
32      (5) (a) From the Critical Needs Nursing Initiative Fund, for Fiscal Year 2007-2008, it is the intent of the General Assembly that
33   new nursing faculty positions be added to accredited nursing programs at the public institutions of higher learning at the four-year
34   and graduate level based on available funds.
35          (b) The commission, upon consultation with members of the Advisory Committee on Academic Programs (ACAP) from
36   institutions with accredited nursing programs and the Chairperson, or designee, of the South Carolina Council of Deans and
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 1   Directors in Nursing Education, shall establish guidelines and criteria for funding the new positions to the recipient institutions
 2   based on faculty need.
 3          (c) In regard to these new faculty positions, the Commission on Higher Education shall determine and distribute funds from
 4   the Critical Needs Nursing Initiative Fund to the institutions where the new faculty positions are to be located. The governing
 5   body of the institution shall then create and fund these new positions in the manner it considers appropriate consistent with the
 6   guidelines of this paragraph.
 7      (6) (a) The Critical Needs Nursing Initiative Scholarship, Loan, and Grant Program is established to provide incentives and
 8   stipends to enable candidates seeking a higher degree to become qualified to teach full-time at an accredited nursing program at
 9   the public institutions of higher learning at the two-year, four-year, and graduate level in this State. Funding for this program for
10   Fiscal Year 2007-2008 shall be provided by the Commission on Higher Education from the Critical Needs Nursing Initiative Fund.
11   Loans, scholarships, or grants within available funds shall be awarded to qualified in-state resident nursing students in or entering
12   into the teaching profession at an accredited nursing program at a public institution of higher learning in South Carolina.
13          (b) Funds shall be allocated to four-year and graduate level institutions based on the institution's share of the total resident
14   South Carolina student nursing population in that category of student, full-time or part-time. Disbursements of the applicable
15   funds shall be made by the commission to the institution, which in turn shall disburse the funds to the students.
16          (c) From the Critical Needs Nursing Scholarship, Loan, and Grant Program for Fiscal Year 2007-2008 if sufficient funds
17   are available, the General Assembly declares and expresses its intent that the following scholarships, loans, or grants should be
18   provided in the following recommended priority order and in the amount so specified:
19              (1) Funding for thirty loans not to exceed forty thousand dollars per loan for a term not to exceed twenty-four months to
20   be provided for full-time students enrolled in Masters in Nursing graduate programs.
21              (2) Funding for thirty loans not to exceed thirty thousand dollars per loan for a term not to exceed thirty-six months to be
22   provided for part-time students enrolled in Masters in Nursing graduate programs.
23              (3) Funding for five loans not to exceed two hundred fifty thousand dollars per loan for a term not to exceed forty-eight
24   months to be provided for full-time doctoral education students enrolled in nursing or a related field that would prepare the person
25   to teach in a nursing program.
26              (4) Funding for five loans not to exceed one hundred twenty-five thousand dollars per loan for a term not to exceed sixty
27   months to be provided for part-time doctoral education students in nursing or a related field that would prepare the person to
28   teach in a nursing program.
29              (5) Funding for ten scholarships at five thousand dollars each to be provided to increase the number and amount of
30   awards for scholarships to students pursuing a Bachelor of Science in Nursing from an accredited nursing program, including
31   those students who have graduated from an associate degree program.
32              (6) In order to better recruit and retain a diverse nursing faculty and student pool, funding for five grants of up to fifty
33   thousand dollars each to be provided to institutions of higher learning with an accredited nursing program.
34          (d) For the purpose of this item (6), loan shall be defined as cost of attendance, tuition, fees, room and board, or educational
35   materials for those who desire to become nurse faculty.
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 1          (e) For the purpose of this item (6), the commission shall promulgate regulations to establish terms, qualifications, and
 2   funding guidelines for the program. The regulations shall define when the student becomes eligible for the above loans, the loan
 3   repayment, and cancellation rates. The regulations shall also provide a mechanism to recoup fees from those students who, once
 4   graduated from an accredited nursing program do not become employed as a full-time faculty member in one of the qualifying
 5   institutions for a minimum of three years. Funds generated from any such repayments must be retained in a separate account and
 6   utilized for the purpose that the funds were originally appropriated.
 7          (f) In regard to student loans, grants, and scholarship programs, the Commission on Higher Education may determine and
 8   distribute funds from the Critical Needs Nursing Initiative Fund to the institution for allocation to eligible students consistent with
 9   the guidelines of this paragraph.
10      (7) (a) The Office of Health Care Workforce Research is hereby created within the South Carolina Area Health Education
11   Consortium (SCAHEC). The purpose of the Office of Health Care Workforce Research is to analyze nursing workforce supply and
12   demand and predict the need for registered nurses and other health care professionals in this State and must be located within the
13   South Carolina Center for Nursing Leadership.
14          (b) The Office of Health Care Workforce Research shall collaborate with the Office of Research and Statistics of the Budget
15   and Control Board, the South Carolina Center for Nursing Leadership, health profession education programs, professional
16   associations representing the various health profession disciplines, the health care delivery system, and the executive and
17   legislative branches of government to monitor the need for and educational capacity for health care professionals in South
18   Carolina. The SCAHEC shall establish a steering committee to determine priorities of the office. The steering committee shall be
19   composed of representatives from various health care professions to include nursing, medicine, dentistry, pharmacy, and allied
20   health.
21          (c) A comprehensive database shall be developed and used to study and monitor the supply and demand trends in nursing,
22   medicine, pharmacy, dentistry, and other health profession disciplines.
23          (d) The duties and functions of the office include, but are not limited to:
24              (1) collaborating with other appropriate entities to expand nursing workforce data collection and analysis;
25              (2) conducting an annual nursing workforce needs survey, using a manpower prediction model for staffing, to create a
26   statewide database of nursing supply and demand statistics for health care employers in this State;
27              (3) studying and monitoring trends in the recruitment, retention, and education of associate, baccalaureate, masters,
28   and doctorate-prepared nurses;
29              (4) soliciting information regarding current budgeted nursing positions, vacancies, projected staffing requirements, and
30   turnover data;
31              (5) providing workforce data and analysis to assist in development of nursing workforce policy; and
32              (6) replicating a supply and demand workforce model for other health professions.
33          (e) In regard to funding for the Office of Health Care Workforce Research, the commission upon consultation with members
34   of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and the
35   chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education, shall determine and
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 1   distribute funds from the Critical Needs Nursing Initiative Fund directly to the Office of Health Care Workforce Research for its
 2   uses and purposes consistent with the guidelines of this paragraph.
 3          (f) Funding for the Office of Health Care Workforce Research for Fiscal Year 2007-2008 is to be provided by the
 4   Commission on Higher Education from the Critical Needs Nursing Initiative Fund within available funds.
 5      (8) (a) It is the intent of this item (8) to encourage the utilization of technology for new education models at all public
 6   institutions of higher learning in this State as defined in Section 59-103-5 with an accredited nursing program leading to an
 7   Associate Degree in Nursing, a Bachelor of Science in Nursing, or a Masters in Nursing degree. These new models shall utilize
 8   simulation technology and equipment to educate nurses from funds provided by the General Assembly in the Critical Needs
 9   Nursing Initiative Fund and allocated by the Commission on Higher Education for this purpose. These funds must be allocated to
10   the institutions with an accredited nursing program by the Commission on Higher Education. The commission upon consultation
11   with members of the Advisory Committee on Academic Programs (ACAP) from institutions with accredited nursing programs and
12   the chairperson, or designee, of the South Carolina Council of Deans and Directors in Nursing Education shall develop guidelines
13   as to how these funds must be allocated.
14          (b) In regard to the use of simulation technology and equipment in nursing education, the Commission on Higher Education
15   shall determine and distribute funds from the Critical Needs Nursing Initiative Fund to the institutions where such funds will be
16   used and the governing body of the institution shall determine how these funds shall be used consistent with the guidelines of this
17   paragraph.
18          (c) Funding for the use of simulation technology and equipment in nursing education shall be provided by the Commission
19   on Higher Education from the Critical Needs Nursing Initiative Fund based on available funds.
20      (9) To meet the nursing initiatives provided by this paragraph, the Commission on Higher Education and public institutions of
21   higher learning providing nursing education in Fiscal Year 2007-2008 also may use funds provided for use in these areas that are
22   derived from private or federal government sources.
23      (10) In addition to the provisions of Item (6), the Commission on Higher Education in Fiscal Year 2007-2008 is authorized to
24   promulgate those regulations necessary to implement the provisions of this paragraph.
25
26   SECTION 5B -H06 - HIGHER EDUCATION TUITION GRANTS COMMISSION
27
28     5B.1. (HETG: Tuition Grants Mid-Year Reduction Exemption) Funds provided in Part IA, Section 5B, II. Tuition Grants shall
29   be exempt from any mandated mid-year budget reductions.
30
31   SECTION 5D - H12 - CLEMSON UNIVERSITY EDUCATIONAL & GENERAL
32
33      5D.1. (CU: Travel Advances and Subsistence Expenses) Clemson University may advance travel and subsistence expense
34   monies to its employees for the financing of ordinary and necessary travel required in the conducting of the business of the
35   institution. Clemson University may develop and publish rules and regulations pertaining to the advancing of travel expenses. All
36   advances for travel and subsistence monies shall be repaid within 30 days after the end of the trip.
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 1
 2   SECTION 5K - H45 - UNIVERSITY OF SOUTH CAROLINA
 3
 4      5K.1. (USC: Palmetto Poison Control Center) Of the funds appropriated or authorized herein, the University of South Carolina
 5   shall expend at least $150,000 on the Palmetto Poison Control Center.
 6      5K.2. (USC: Indirect Cost Recovery Waiver for Summer Food Service Program) The University of South Carolina is granted
 7   partial waiver of the remittance of indirect cost recoveries for the Summer Food Service Program supported by the Federal
 8   Department of Agriculture through the Department of Social Services. The waiver may not exceed the amount of direct
 9   administrative cost for the program.
10      5K.3. (USC: School Improvement Council) Of the funds appropriated to the University of South Carolina Columbia Campus,
11   $100,000 shall be used for the School Improvement Council.
12      5K.4. (USC: Beaufort Campus - Penn Center) The special item funding appropriated to the University of South Carolina -
13   Beaufort for the Penn Center Project shall not be used for any other purposes.
14      5K.5. (USC: Beaufort Campus - Reciprocal Tuition) The University of South Carolina Beaufort Campus may offer in-state
15   tuition to any student whose legal residence is in the Chatham-Effingham and Bryan County area of the neighboring state of
16   Georgia as long as the Georgia Board of Regents continues its Georgia Tuition Program by which in-state tuition is offered to
17   students residing in the Beaufort/Jasper County area of the State of South Carolina.
18      5K.6. (USC: Spartanburg Campus - Permanent Improvement Project) The project titled “New Library/Technology/Information
19   Center $5,000,000” for the University of South Carolina- Spartanburg and listed in the section authorizing Capital Improvement
20   Bond in subsection (A)(3)(j) of Act 1 of 2001 is amended to read “Health Education Complex/Academic and Student Services
21   $5,000,000.”
22
23   SECTION 5M - H54 - MEDICAL UNIVERSITY OF SOUTH CAROLINA
24
25      5M.1. (MUSC: Family Practice Residency System) Statewide family practice residency system funds appropriated for faculty
26   salaries, teaching services, and consultant fees may only be expended when the above activities are accomplished for educational
27   purposes in the family practice centers. Authorization is hereby granted to the Medical University of South Carolina to expend
28   such funds in hospital-based clinical settings apart from the consortium hospital, when such settings are determined by the
29   President of the Medical University of South Carolina with approval of the Board of the Medical University to provide appropriate
30   educational experience and opportunities to the family practice residents and these funds shall not be transferred to any other
31   program.
32      5M.2. (MUSC: Palmetto Initiative for Excellence) Funds appropriated herein to the SC Healthcare Recruitment and Retention
33   Center for the Palmetto Initiative for Excellence shall be used as match funds to promote diversity within the administrative health
34   services workforce in South Carolina. Funds are to be used to stimulate the development of post-graduate fellowships,
35   undergraduate internships, and mentoring programs.
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 1     5M.3. (MUSC: Rural Dentist Program) The Rural Dentist Program, in coordination with the Department of Health and
 2   Environmental Control’s Public Health Dentistry Program, is established at the Medical University of South Carolina. The funds
 3   appropriated to the Medical University of South Carolina for the Rural Dentist Program shall be administered by the South
 4   Carolina Area Health Education Consortium physician recruitment office. The costs associated with administering this program
 5   are to be paid from the funds appropriated to the Rural Dentist Program and shall not exceed 4% of the appropriation. The Medical
 6   University of South Carolina is responsible for the fiscal management of funds to ensure that state policies and guidelines are
 7   adhered to. MUSC shall be permitted to carry forward unspent general funds appropriated to the Rural Dentist program provided
 8   that these funds be expended for the program for which they were originally designated. A board is created to manage and allocate
 9   these funds to insure the location of licensed dentists in rural areas of South Carolina and on the faculty of the College of Dental
10   Medicine at MUSC. The board will be composed of the following: the Dean, or his designee, of the MUSC College of Dental
11   Medicine; three members from the South Carolina Dental Education Foundation Board who represent rural areas; and the President
12   of the South Carolina Dental Association. The Director of DHEC’s Office of Primary Care; the Director or his designee of the
13   Department of Health and Human Services; and the Executive Director of the South Carolina Dental Association shall serve as ex
14   officio members without vote. This board shall serve without compensation.
15   SECTION 5N - H59 - STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION
16
17      5N.1. (TEC: Training of New & Expanding Industry) Notwithstanding the amounts appropriated in this section for the “Center
18   for Accelerated Technology Training”, it is the intent of the General Assembly that the State Board for Technical and
19   Comprehensive Education expend whatever available funds as are necessary to provide direct training for new and expanding
20   business or industry. In the event expenditures are above the appropriation, the appropriation in this section for the “Center for
21   Accelerated Technology Training” shall be appropriately adjusted, if and only if, revenues exceed projections and the Budget and
22   Control Board approves the adjustment.
23      5N.2. (TEC: Training of New & Expanded Industry Carry Forward) In addition to the funds appropriated in this section, any of
24   the funds appropriated under this section for the prior fiscal year which are not expended during that fiscal year may be carried
25   forward and expended for direct training of new and expanding industry in the current fiscal year.
26      5N.3. (TEC: Training of New & Expanded Industry - Payments of Prior Year Expenditures) The State Board for Technical and
27   Comprehensive Education may reimburse business and industry for prior year training costs billed to the agency after fiscal year
28   closing with the concurrence of the Comptroller General.
29      5N.4. (TEC: NC/GA Reciprocal) The South Carolina Technical Colleges may offer in-state tuition to the bordering North
30   Carolina and Georgia communities when a negotiated reciprocal agreement is in effect with the two-year colleges in these
31   neighboring regions or when students from these out-of-state communities are employed by South Carolina employers who pay
32   South Carolina taxes.
33
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 1   SECTION 6 - H67 - EDUCATIONAL TELEVISION COMMISSION
 2
 3      6.1. (ETV: Grants/Contributions Carry Forward) The Educational Television Commission shall be permitted to carry forward
 4   any funds derived from grant awards or designated contributions and any state funds necessary to match such funds, provided that
 5   these funds be expended for the programs which they were originally designated.
 6      6.2. (ETV: New Facility Equipment Purchases & Renovations) Notwithstanding any other provisions of law, the commission,
 7   with approval by the Budget and Control Board, is allowed to sell or lease its facilities, property, equipment, programs,
 8   publications, and other program related materials, and funds received therefrom may be used for equipment purchases and
 9   renovations of its facilities upon review by the Joint Bond Review Committee and approval by the Budget and Control Board.
10      6.3. (ETV: Digital Satellite) The state’s digital satellite video transmission system will support public and higher education,
11   enhance the statewide delivery of health care services, improve public service, and assist state agencies with statewide personnel
12   training. To facilitate the achievement of these objectives, there is created a Video Resources Oversight Council composed of
13   representatives of the South Carolina Educational Television Commission, the State Department of Education, the Commission on
14   Higher Education, the Human Services Coordinating Council, and the Budget and Control Board’s Division of Budget and
15   Analyses, Office of Information Technology Policy and Management.
16   SECTION 7 - H73 - DEPARTMENT OF VOCATIONAL REHABILITATION
17
18      7.1. (VR: Production Contracts Revenue) All revenues derived from production contracts earned by the handicapped trainees of
19   the Evaluation and Training Facilities (Workshops) may be retained by the State Agency of Vocational Rehabilitation and used in
20   the facilities for Client Wages and any other production costs; and further, any excess funds derived from these production
21   contracts may be used for other operating expenses and/or permanent improvements of these facilities.
22      7.2. (VR: Reallotment Funds) To maximize utilization of federal funding and prevent the loss of such funding to other states in
23   the Basic Service Program, the State Agency of Vocational Rehabilitation be allowed to budget reallotment and other funds
24   received in excess of original projections in following State fiscal years.
25      7.3. (VR: Basic Support Program Reconciliation) The General Assembly hereby directs the Department of Vocational
26   Rehabilitation to complete a reconciliation of the cost to operate the Basic Support program related to the combination of state and
27   federal funds available following the close of each federal fiscal year. Such reconciliation shall begin with the federal fiscal year
28   ending September 30, 1989. Federal funds participation for that period shall be applied at the maximum allowable percentage and
29   the level of those funds on hand which have resulted from the over participation of state funds shall be remitted to the general fund
30   within 120 days following the close of the federal fiscal year. This reconciliation and subsequent remission to the general fund
31   shall be reviewed by the State Auditor to ensure that appropriate federal/state percentages are applied. It is the intent of the
32   General Assembly that federal/state percentages budgeted and appropriated shall in no way be construed as authorization for the
33   department to retain the federal funds involved.
34      7.4. (VR: User/Service Fees) Any revenues generated from user fees or service fees charged to the general public or other
35   parties ineligible for the department’s services may be retained to offset costs associated with the related activities so as to not
36   affect the level of service for regular agency clients.
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 1     7.5. (VR: Meal Ticket Revenue) All revenues generated from sale of meal tickets may be retained by the agency and expended
 2   for supplies to operate the agency’s food service programs or cafeteria.
 3     7.6. (VR: Basic Services Program - Educational Scholarships) For those persons with disabilities who are eligible for and are
 4   receiving services under an approved plan of the S.C. Vocational Rehabilitation Department (consistent with the 1973
 5   Rehabilitation Act, as amended) tuition costs at state supported institutions (four year, technical, or trade schools) will not increase
 6   beyond the 1998 tuition rate, will be provided, or will be waived by the respective institution after the utilization of any other
 7   federal or state student aid for which the student is eligible. Persons eligible for this tuition reduction or sponsorship must meet all
 8   academic requirements of the particular institution and be eligible for State need-based scholarships as defined in Title 59, Chapter
 9   142 of the South Carolina Code of Laws.
10
11   SECTION 8 - J02 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
12
13      8.1. (DHHS: Recoupment/Restricted Fund) The Department of Health and Human Services shall recoup all refunds and
14   identified program overpayments and all such overpayments shall be recouped in accordance with established collection policy.
15   Further, the Department of Health and Human Services is authorized to maintain a restricted fund, on deposit with the State
16   Treasurer, to be used to pay for liabilities and improvements related to enhancing accountability for future audits. The restricted
17   fund will derive from prior year program refunds. The restricted fund shall not exceed one percent of the total appropriation
18   authorization for the current year. Amounts in excess of one percent will be remitted to the general fund.
19      8.2. (DHHS: Long Term Care Facility Reimbursement Rate) The Department, in calculating a reimbursement rate for long term
20   care facility providers, shall obtain for each contract period an inflation factor, developed by the Budget and Control Board,
21   Division of Budget and Analyses. Data obtained from Medicaid cost reporting records applicable to long term care providers will
22   be supplied to the Budget and Control Board, Division of Budget and Analyses. A composite index, developed by the Budget and
23   Control Board, Division of Budget and Analyses will be used to reflect the respective costs of the components of the Medicaid
24   program expenditures in computing the maximum inflation factor to be used in long term care contractual arrangements involving
25   reimbursement of providers. The Division of Budget and Analyses of the Budget and Control Board shall update the composite
26   index so as to have the index available for each contract renewal.
27      The department may apply the inflation factor in calculating the reimbursement rate for the new contract period from zero
28   percent (0%) up to the inflation factor developed by the Division of Budget and Analyses.
29      8.3. (DHHS: Medical Assistance Audit Program Remittance) The Department of Health and Human Services shall remit to the
30   general fund an amount representing fifty percent (allowable Federal Financial Participation) of the cost of the Medical Assistance
31   Audit Program as established in the State Auditor’s Office of the Budget and Control Board Section 63A. Such amount shall also
32   include appropriated salary adjustments and employer contributions allocable to the Medical Assistance Audit Program. Such
33   remittance to the general fund shall be made monthly and based on invoices as provided by the State Auditor’s Office of the
34   Budget and Control Board.
35      8.4. (DHHS: Third Party Liability Collection) The Department of Health and Human Services is allowed to fund the net costs
36   of any Third Party Liability and Drug Rebate collection efforts from the monies collected in that effort.
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 1      8.5. (DHHS: Medicaid State Plan) Where the Medicaid State Plan is altered to cover services that previously were provided by
 2   100% state funds, the department can bill other agencies for the state share of services provided through Medicaid. The
 3   department will keep a record of all services affected and submit periodic reports to the Senate Finance and House Ways and
 4   Means Committees.
 5      8.6. (DHHS: Medically Indigent Assistance Fund) The department is authorized to expend disproportionate share funds to all
 6   eligible hospitals with the condition that all audit exceptions through the receipt and expenditures of these funds are the liability of
 7   the hospital receiving the funds.
 8      8.7. (DHHS: Admin. Days/Swing Beds Reduction Prohibition) Funds appropriated herein for hospital administrative days and
 9   swing beds shall not be reduced in the event the agency cuts programs and the services they provide.
10      8.8. (DHHS: Nursing Home Sanctions) The Department of Health and Human Services is authorized to establish an interest
11   bearing restricted fund with the State Treasurer, to deposit fines collected as a result of nursing home sanctions. The department
12   may use these funds consistent with the provision of Section 44-6-470.
13      8.9. (DHHS: Managed Care) The Insurance Law of South Carolina and the regulations promulgated thereunder shall not apply
14   to partially capitated, primary care providers, insofar as such groups or individuals are defined by and agree to provide health care
15   services under South Carolina’s Medicaid Managed Care Program.
16      8.10. (DHHS: Community Residential Care Optional State Supplementation) The increase to Personal Needs Allowance for
17   residents of community residential care facilities, if the federal government grants a cost of living increase to Social Security and
18   Supplemental Security Income recipients, will be effective in January. The department will increase the residential care payment
19   by the amount of the cost of living increase minus $2.00 per recipient for an increase in the Personal Needs Allowance. This
20   increase to the Personal Needs Allowance applies to all OSS recipients regardless of whether they receive Social Security and/or
21   Supplemental Security Income. The maximum amount of payment a facility can charge will be increased by the same amount as
22   the cost of living increase, less $2.00. The department is authorized to maximize a portion of the OSS funds to implement the
23   Integrated Personal Care program for eligible residents of community residential care facilities that receive OSS payments.
24      8.11. (DHHS: Registration Fees) The department is authorized to receive and expend registration fees for educational, training,
25   and certification programs.
26      8.12. (DHHS: Chiropractic Services) From the funds appropriated herein, the department is directed to provide coverage for
27   medically necessary chiropractic services for Medicaid eligible recipients.
28      8.13. (DHHS: Generic Drugs) With respect to prescriptions reimbursed through the South Carolina Medicaid Program,
29   Medicaid recipients for whom the pharmaceuticals are intended are deemed to have consented to substitution of a less costly
30   equivalent generic product which will result in a cost savings to the South Carolina Medicaid program. Therefore, individual
31   patient consent for substitution as required in S.C. Code of Laws Section 40-43-86(H)(6) shall not be required.
32      8.14. (DHHS: Medically Fragile Children’s Programs) Children’s Hospitals in South Carolina or their designee are authorized
33   to be the only providers for the State of South Carolina for the Medically Fragile Children’s Programs as defined by the
34   Department of Health and Human Services.
35      8.15. (DHHS: Medicaid Eligibility/Promissory Note) Notwithstanding any other provision of law and except as provided
36   below, any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient, after
                                                                                                                              PAGE 405

 1   the enactment of this section, in exchange for assets which if retained by the applicant or recipient or his spouse would cause the
 2   applicant or recipient to be ineligible for Medicaid benefits, shall for Medicaid eligibility purposes be deemed to be fully
 3   negotiable under the laws of the State of South Carolina unless it contains language plainly stating that it is not transferable under
 4   any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires
 5   monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
 6      8.16. (DHHS: Fraud and Abuse Collections) The Department of Health and Human Services may offset the administrative
 7   costs associated with controlling fraud and abuse.
 8      8.17. (DHHS: Hospital Tax - Medicaid Expansion Fund) The tax on licensed hospitals imposed pursuant to Article 11, Chapter
 9   23, Title 12 of the 1976 Code, must initially equal two hundred and sixty-four million dollars. The amount of each general
10   hospital’s tax shall be derived from Schedule B, Part 1 of each hospital’s cost report. The initial annual tax shall be collected,
11   beginning July 1, 2006, based upon the reconciled account of each general hospital under this Article considering any partial
12   payments or uncollected portion of the previous assessment under this Article for the fiscal year ending June 30, 2006 and upon
13   notification from the Department of Revenue, on behalf of and based upon calculations performed by the Department of Health
14   and Human Services, each general hospital shall remit the balance due based on a payment schedule as determined by the
15   Department of Health and Human Services. Furthermore, beginning July 1, 2006, on the first day of each quarter, each general
16   hospital shall remit one-fourth of a second and each successive annual tax, as calculated above, based upon operations conducted
17   during the fiscal year ending June 30, 2007, and each successive state fiscal year, to the Department of Revenue. The tax must be
18   paid for each quarter a hospital is in operation. If a hospital ceases operations, the taxes not paid as a result of the cessation of
19   operations must be apportioned among other hospitals in operation. In addition to the purposes specified in Section 44-6-155,
20   monies in the Medicaid Expansion Fund shall be used to provide healthcare coverage to the Medicaid-eligible and uninsured
21   populations in South Carolina.
22      8.18. (DHHS: Provider Reimbursement Rate Report) The Department of Health and Human, in conjunction with the Office of
23   Research and Statistics of the Budget and Control Board, shall prepare a report that compares the reimbursement rate of Medicaid
24   providers to the reimbursement rate of the Medicare Program and the State Health Plan. This report shall be completed by January
25   31, each year, and submitted to the Governor and the Chairmen of the Senate Finance and House Ways and Means Committees.
26      8.19. (DHHS: Medicaid Eligibility Transfer) Notwithstanding any other provision of law, the South Carolina Department of
27   Health and Human Services (DHHS) is hereby authorized to determine the eligibility of applicants for the South Carolina Medicaid
28   Program. Personnel of the Department of Social Services (DSS) engaged in this function full-time, and other DSS personnel
29   engaged in this function who are identified by agreement of DSS and DHHS, are transferred to DHHS. The governing authority of
30   each county shall continue to provide office space and facility service for this function as they do for DSS functions under Section
31   43-3-65.
32      8.20. (DHHS: Prescription Reimbursement Payment Methodology) The prescription dispensing fee for the current fiscal year is
33   $4.05 per prescription filled. Prescription reimbursements must be the lowest of: the federal upper limit of payment or South
34   Carolina maximum allowable cost (MAC) for the drug, if any, less 10% plus the current dispensing fee; the average wholesale
35   price (AWP) less 10%; or the provider’s usual and customary charge to the general public for the dispensed product.
                                                                                                                              PAGE 406

 1      8.21. (DHHS: Franchise Fees Suspension) Franchise fees imposed on nursing home beds and enacted by the General Assembly
 2   during the 2002 session are suspended July 1, 2002.
 3      8.22. (DHHS: Medicaid Monthly Maintenance Needs Allowance) The Department of Health and Human Services, phased-in
 4   ratably over five years, shall conform South Carolina’s State Medicaid Monthly Maintenance Needs Allowance to the most current
 5   maximum amounts authorized by the Federal Government. The department may utilize, to the extent necessary, general funds
 6   appropriated to the agency in Part IA of this act to implement the provisions of this paragraph.
 7      8.23. (DHHS: Medicaid Cost Savings Suggestion Award Program) The department is authorized to provide cash or honorary
 8   awards to employees of Medicaid providers whose suggestion is adopted by the committee administering the Medicaid Cost
 9   Savings Suggestion Award Program that will result in savings of state or federal dollars. Employees of the department are not
10   eligible for cash awards. The department is authorized to fund this program from revenue from third party liability collections.
11   The maximum amount of funds that may be used annually for the program is $20,000.
12      8.24. (DHHS: Program Integrity Efforts) The Department of Health and Human Services is instructed to expand its program
13   integrity efforts by utilizing resources both within and external to the agency including, but not limited to, the ability to contract
14   with other entities for the purpose of maximizing the department’s ability to detect and eliminate provider fraud.
15      8.25. (DHHS: Pharmacy and Therapeutics Committee) There is established within the department the Pharmacy and
16   Therapeutics Committee. The committee must consist of fifteen members appointed by the director and serving at his pleasure.
17   The members must include eleven physicians and four pharmacists licensed to practice in South Carolina and actively engaged in
18   providing services to the South Carolina Medicaid population. The physicians may include, but are not limited to, doctors who
19   have experience in treating diabetes, cancer, HIV/AIDS, mental illness, and hemophilia and who practice in internal medicine,
20   primary care, and pediatrics. The committee shall adopt by-laws that include, at a minimum, the length of a membership. A
21   chairman and a vice chairman shall be elected on an annual basis from the committee membership. Committee members must not
22   be compensated for service on the committee. However, committee members may be reimbursed for actual and necessary
23   expenses incurred pursuant to discharging committee duties in an amount not to exceed the mileage and subsistence amounts
24   allowed by law for members of boards, commissions, and committees. The committee must meet at least quarterly and may meet
25   at other times at the discretion of the chairman or the director of the department. Committee meetings are subject to the provisions
26   of the Freedom of Information Act. The department shall publish notice of regular business meetings of the committee at least
27   thirty days before the meeting. However, the director or chairman may call special meetings of the committee and provide such
28   notice as may be practical. The committee must provide for public comment, including comment on clinical and patient care data
29   from Medicaid providers, representatives of the pharmaceutical industry, and patient advocacy groups. Proprietary information as
30   defined in the trade secret law shall not be discussed. Trade secrets as defined in Section 30-4-40(a)(1) and relevant federal law
31   must not be publicly disclosed. The committee must recommend to the department therapeutic classes of drugs that should be
32   included on a Preferred Drug List. For those recommended classes, the committee shall recommend the drug or drugs considered
33   preferred within that class based on safety and efficacy. In determining safety and efficacy, the committee may consider all
34   submitted public comment or clinical information including, but not limited to, scientific evidence, standards of practice, peer-
35   reviewed medical literature, randomized clinical trials, pharmacoeconomic studies, and outcomes research data. The committee
36   also shall recommend prior authorization criteria for nonpreferred drugs in the recommended therapeutic classes. Any Preferred
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 1   Drug List program implemented by the department must include: (1) procedures to ensure that a request for prior authorization
 2   that has no material defect or impropriety can be processed within twenty-four hours of receipt; (2) procedures to allow the
 3   prescribing physician to request and receive notice of any delays or negative decision in regard to a prior authorization; (3)
 4   procedures to allow the prescribing physician to request and receive a second review of any denial of a prior authorization request;
 5   and (4) procedures to allow a pharmacist to dispense an emergency, seventy-two hour supply of a drug requiring prior
 6   authorization without such prior authorization if the pharmacist: (a) has made a reasonable attempt to contact the physician and
 7   request that the prescribing physician secure prior authorization; and (b) reasonably believes that refusing to dispense a seventy-
 8   two-hour would unduly burden the Medicaid recipient and produce an undesirable health consequences. A grant of prior
 9   authorization for a drug is specific to the drug, rather than the actual prescription, and extends to all refills allowed pursuant to the
10   original prescription and to subsequent prescriptions for the same drug at the same dosage provided the time allowed by the prior
11   authorization has not expired. A Medicaid recipient who has been denied prior authorization for a prescribed drug is entitled to
12   appeal this decision through the department’s appeals process.
13      8.26. (DHHS: Medicaid Quarterly Fiscal Impact Statements) Effective July 1, the director must submit quarterly fiscal impact
14   statements to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee
15   itemizing changes to the Medicaid program for the reporting period.
16      8.27. (DHHS: Prior Authorization Exemptions) The Department of Health and Human Services must expend funds
17   appropriated for pharmaceutical services without prior authorization on medications prescribed to treat asthma in a pediatric
18   patient, major depression, schizophrenia, or bipolar disorder as defined by the most recent edition of the Diagnostics and Statistical
19   Manual of the American Psychiatric Association or following prescribing practice guidelines established by the American
20   Psychiatric Association, or HIV/acquired immune deficiency syndrome, or oncology related pharmaceuticals. Operational
21   procedures necessary to insure the appropriate use and prevent the non-FDA approved use of these medications will be allowed.
22      8.28. (DHHS: Post Payment Review) The department is directed to perform post payment reviews as permitted under Medicaid
23   regulations to ensure compliance with the Hyde Amendment provisions as it relates to the performance of medically necessary
24   services under the Medicaid program. The results of such reviews shall be available to the General Assembly upon request in a
25   format that meets the requirements of the Health Insurance Accountability and Portability Act (HIPAA) and Medicaid
26   confidentiality regulations.
27      8.29. (DHHS: Prevention Partnership Grants) The Department of Health and Human Services must implement a Prevention
28   Partnership Grants Program with funds appropriated herein for prevention grants. Of these funds $1,000,000 shall be allocated to
29   the Department of Health and Environmental Control for HIV Prevention. Of the funds, $25,000 shall be allocated to DHEC for
30   the Abstinence Program. Of the funds, $200,000 shall be allocated to the Eastover Medical Center. Grants must be awarded
31   through a competitive process to government agencies, private foundations and businesses, and/or non-profit organizations that
32   operate preventive health programs with documented outcomes. To prevent duplication, the department must also function as a
33   clearinghouse for all of the state's prevention and healthy lifestyle activities identified in the activity inventories agencies submitted
34   to the State Budget Office. Information provided to the department for the clearinghouse must include, at a minimum, details on
35   expenditures, administrative costs, recipients, and outcomes. The department will use this clearinghouse to identify gaps and
36   overlaps in the state's prevention and healthy lifestyle efforts, and then develop and present to the Governor and Chairmen of the
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 1   Senate Finance, House Ways and Means, Senate Medical Affairs, and House Medical, Military, Public and Municipal Affairs
 2   Committees an interagency state prevention and healthy living plan, including guidelines for administration and distribution of
 3   prevention partnership grants, annually by September 30th. All state agencies, whether specifically identified in this section or not,
 4   must provide information upon the department's request.
 5      8.30. (DHHS: Medicaid Cost and Quality Effectiveness) The Department of Health and Human Services shall establish a
 6   procedure to assess the various forms of managed care (Health Maintenance Organizations and Medical Home Networks, and any
 7   other forms authorized by the department) to measure cost effectiveness and quality. These measures must be conducted by
 8   December 15 of each year. In addition to the cost effectiveness calculations, HMOs and MHNs must conduct annual patient and
 9   provider satisfaction surveys equivalent to those sanctioned by nationally recognized managed care accrediting organizations. Cost
10   effectiveness shall be determined in an actuarially sound manner and data must be aggregated in a manner to be determined by a
11   third party actuary in order to adequately compare cost effectiveness of the different managed care programs. The program
12   measures must use a case-mix adjustment that encourages the managed care organizations to enroll and manage all beneficiaries.
13   The results of the cost effectiveness calculations and the patient and provider satisfaction surveys must be made available to the
14   Speaker of the House, Chairman of the Ways and Means Committee, President Pro Tempore of the Senate, and Chairman of the
15   Senate Finance Committee no less than 45 days after the measures have been collected.
16      8.31. (DHHS: Targeted Case Management) The funds appropriated in Part IA, Section 8, Program II.A.6 for Targeted Case
17   Management shall be distributed by the department in the following manner: $180,000 to the School for the Deaf and the Blind;
18   $115,600 to the Department of Health and Environmental Control; $632,641 to the Department of Mental Health; $272,000 to
19   Department of Alcohol and Other Drug Abuse Services; and $17,000,000 to the Department of Social Services.
20      8.32. (DHHS: Program for All-Inclusive Care for the Elderly) By September 1,2006, the Department of Health and Human
21   Services shall study the feasibility of the expansion of the PACE Program to Orangeburg and Calhoun Counties and report its
22   findings to the Chairmen of the House Ways and Means Committee and the Senate Finance Committee.
23      8.33. (DHHS: Hemophilia Study Committee) The Department of Health and Human Services in conjunction with the
24   Department of Health and Environmental Control must report to the Governor, the Chairman of the Senate Finance Committee,
25   the Chairman of the House Ways and Means Committee on the costs of converting our state’s hemophilia assistance program to a
26   Medicaid program, the potential impact to individuals who qualify under our current program but would not qualify under
27   Medicaid, and best practices employed by other states. This report is due no later than December 15, 2006.
28      8.34. (DHHS: Federally Qualified Health Centers-Pharmacies) (A) Federally qualified health centers are exempt from
29   provisions of Chapter 43, Title 40 of the 1976 Code that require:
30          (1) all facilities distributing or dispensing prescription drugs to be permitted by the Board of Pharmacy;
31          (2) each pharmacy to have a pharmacist-in-charge;
32          (3) a pharmacist to be physically present in the pharmacy or health center delivery site in order to serve as the pharmacist-in-
33   charge;
34          (4) a pharmacist to serve as a pharmacist-in-charge for only one pharmacy at a time.
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 1      (B) A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) of the 1976 Code
 2   allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the
 3   practitioner or the corporation.
 4      (C) A federally qualified health center may transport medications in the same manner as allowed by laws for free clinics and/or
 5   private physician practices.
 6      8.35. (DHHS: High Management Group Homes) An existing facility currently licensed by the South Carolina Department of
 7   Social Services and enrolled with the Medicaid agency as a High Management Group Home provider may elect to be enrolled with
 8   the Medicaid agency as a Psychiatric Residential Treatment Facility provided the facility meets the following criteria:
 9        1) Department of Health and Environmental Control licensing standards outlined in Regulation 61-103 regarding
10   Residential Treatment Facilities;
11        2) State and federal laws, regulations, and policies regarding participation as a Psychiatric Residential Treatment Facility.
12      The facility may request and be granted a Certificate of Need exemption from the Department of Health and Environmental
13   Control. If the current facility cannot meet licensing standards or obtain an exemption or waiver from the Department of Health
14   and Environmental Control, the high management facility, licensed by the Department of Social Services and enrolled with the
15   Medicaid agency as a High Management Group Home, may move and rebuild within the adjacent 20 miles.
16      High Management Group Homes not electing to operate as a Psychiatric Residential Treatment Facility may continue to receive
17   non-Medicaid state and federal funds only, except as allowed under a transition plan authorized by the Medicaid agency.
18      8.36. (DHHS: State Children’s Health Insurance Program) The Department of Health and Human Services shall establish a
19   separate, stand-alone plan under the authority of the State Children’s Health Insurance Program (SCHIP) for the purpose of
20   expanding eligibility for children up to two hundred percent (200%) of the prevailing federal poverty level. All other Medicaid
21   eligibility criteria shall apply. For these purposes, a child is considered to be an individual under the age of nineteen. This plan
22   shall operate as a combination program complementing existing Medicaid and Medicaid SCHIP expansion programs. The
23   program shall be modeled on private insurance and the benefits package must be substantially equal to the benefits provided by:
24   1) Federal Employee Health Benefits Program Standard Option; or, 2) a plan offered to state employees; or, 3) a plan offered by
25   an HMO with the largest commercial enrollment in the state; or, 4) a plan approved by the Secretary of the Federal Department of
26   Health & Human Services. The private benefit plan must include dental and visual benefits substantially equal to those benefits
27   currently offered to existing beneficiaries under the Medicaid program. The department shall incorporate provisions to impose
28   premiums and/or cost sharing requirements up to, but not to exceed, 1% of the total family income for children from 151% - 170%,
29   1.5% of the total family income for children from 171% - 185%, and 2% of the total family income for children from 186% - 200%
30   of the prevailing federal poverty level. Implementation of this program is contingent upon the availability of Federal funding
31   appropriated for this purpose. The department shall be authorized to limit the number of enrollees, close enrollment, or establish
32   a waiting list as necessary so as not to exceed available state appropriations
33      8.37. (DHHS: South Carolina Child Abuse and Neglect Medical Response Program) Of the funds already appropriated, the
34   Department of Health and Human Services shall establish the South Carolina Child Abuse and Neglect Medical Response
35   Program, a coordinated program to address the medical needs of children who are suspected victims of child abuse or neglect.
36   The program shall be responsible for: (a) improving the quality and consistency of forensic medical services provided to children;
                                                                                                                            PAGE 410

 1   (b) increasing the number of qualified medical providers in the State; and (c) providing forensic medical resources to medical
 2   providers, agencies, and other organizations involved in the assessment, investigation, and prosecution of child abuse and neglect.
 3     8.38. (DHHS: In-Home Nursing Program) Of the funds appropriated to the department, $200,000 shall be used for the In-
 4   Home Nursing Program in order to raise nurse wages.
 5
 6   SECTION 9 - J04 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
 7
 8      9.1. (DHEC: County Health Departments Funding) Out of the appropriation provided in this section for “Access to Care”, the
 9   sum of $25,000 shall be distributed to the county health departments by the commissioner, with the approval of the Board of
10   Department of Health and Environmental Control, for the following purposes:
11        1. To insure the provision of a reasonably adequate public health program in each county.
12        2. To provide funds to combat special health problems that may exist in certain counties.
13        3. To establish and maintain demonstration projects in improved public health methods in one or more counties in the
14   promotion of better public health service throughout the State.
15        4. To encourage and promote local participation in financial support of the county health departments.
16        5. To meet emergency situations which may arise in local areas.
17        6. To fit funds available to amounts budgeted when small differences occur.
18      The provisions of this proviso shall not supersede or suspend the provisions of Section 13-7-30 of the 1976 Code.
19      9.2. (DHEC: County Special Projects) Counties may continue to fund special projects in conjunction with the county health
20   departments. Salaries for county special project employees, including merit increases and fringe benefits, shall be totally funded
21   by the counties involved. County special project employees shall not be under the state compensation plan and they shall receive
22   their compensation directly from the counties.
23      9.3. (DHEC: County Health Units) Federal funds made available to the Department of Health and Environmental Control for
24   the allocation to the counties of the State for operation of county health units be allotted on a basis approved by the Board of the
25   Department of Health and Environmental Control and the amount of state funds appropriated herein for Access to Care, except for
26   salary increases, shall be allocated on a basis such that no county budget shall receive less than the amount received in the prior
27   fiscal year.
28      9.4. (DHEC: Camp Burnt Gin) Private donations or contributions for capital improvements at Camp Burnt Gin shall be
29   deposited in a restricted account and carried forward until sufficient amounts are available for such improvements. Any
30   expenditures from the account must first be approved by the Budget and Control Board and the Joint Bond Review Committee.
31      9.5. (DHEC: Children’s Rehabilitative Services) The Children’s Rehabilitative Services shall be required to utilize any
32   available financial resources including insurance benefits and/or governmental assistance programs, to which the child may
33   otherwise be entitled in providing and/or arranging for medical care and related services to physically handicapped children
34   eligible for such services, as a prerequisite to the child receiving such services.
35      9.6. (DHEC: Cancer/Hemophilia) Notwithstanding any other provisions of this act, the funds appropriated herein for
36   prevention, detection and surveillance of cancer as well as providing for cancer treatment services $1,021,119 and the hemophilia
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 1   assistance program, $1,972,013 shall not be transferred to other programs within the agency and when instructed by the Budget and
 2   Control Board or the General Assembly to reduce funds within the department by a certain percentage, the department may not act
 3   unilaterally to reduce the funds for any cancer treatment program and hemophilia assistance program provided for herein greater
 4   than such stipulated percentage.
 5      9.7. (DHEC: Speech & Hearing) The Department of Health and Environmental Control shall utilize so much of the funds
 6   appropriated in this section as may be necessary to continue the Speech and Hearing programs.
 7      9.8. (DHEC: Local Health Departments) Counties of the state will be relieved of contribution requirements for salary, fringe
 8   benefits and travel reimbursement to local health departments. The amount of $5,430,697 is appropriated for county health
 9   department salaries, fringe benefits and travel. These funds and other state funds appropriated for county health units may, based
10   upon need, be utilized in either salary or travel categories. Each county shall provide all other operating expenses of the local
11   health department in an amount at least equal to that appropriated for operations for each county in Fiscal Year 1981. In the event
12   any county makes uniform reductions in appropriations to all agencies or departments for maintenance and operations, exclusive of
13   salaries and fringe benefits, a like reduction shall be made in funds appropriated for the operating expenses of the local health
14   department.
15      9.9. (DHEC: Insurance Refunds) The Department of Health and Environmental Control is authorized to budget and expend
16   monies resulting from insurance refunds for prior year operations for case services in family health.
17      9.10. (DHEC: Emergency Medical Services) Funds appropriated herein for Emergency Medical Services, shall be allocated for
18   the purpose of improving and upgrading the EMS system throughout the state. The monies allocated to the Counties are for the
19   purpose of improving or upgrading the local EMS system through the licensed ambulance services, the monies allocated to the
20   EMS Regional Councils are for the administration of training programs and technical assistance to local EMS organizations and
21   county systems. All additional funds are to be allocated as follows: to the counties at the ratio of 81% of the additional funds
22   appropriated herein, to the EMS Regions at a ratio of 12% of the additional funds appropriated herein and to the state EMS Office
23   at the ratio of 7% of the additional funds appropriated herein. The Department of Health and Environmental Control shall develop
24   criteria and guidelines and administer the system to make allocations to each region and county within the state, based on
25   demonstrated need and local match. Funds appropriated, $2,138,803, to Emergency Medical Services shall not be transferred to
26   other programs within the department’s budget. Unexpended funds appropriated to the program may be carried forward to
27   succeeding fiscal years and expended for administrative and operational support (excluding salaries). In addition, when instructed
28   by the Budget and Control Board or the General Assembly to reduce funds by a certain percentage, the department may not reduce
29   the funds appropriated for EMS Regional Councils or Aid to Counties greater than such stipulated percentage.
30      9.11. (DHEC: Rape Violence Prevention Contract) Of the amounts appropriated in Rape Violence Prevention, $586,346 shall
31   be used to support programmatic efforts of the state’s rape crisis centers with distribution of these funds based on the Department
32   of Health and Environmental Control Rape Violence Prevention Program service standards and each center’s accomplishment of a
33   pre-approved annual action plan.
34      9.12. (DHEC: Sickle Cell Blood Sample Analysis) $16,000 is appropriated in Independent Living for the Sickle Cell Program
35   for Blood Sample Analysis and shall be used by the department to analyze blood samples submitted by the four existing regional
36   programs - Region I, Barksdale Sickle Cell Anemia Foundation in Spartanburg; Region II, Clark Sickle Cell Anemia Foundation in
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 1   Columbia; Region III, Committee on Better Racial Assurance Hemoglobinopathy Program in Charleston; and the Orangeburg Area
 2   Sickle Cell Anemia Foundation.
 3      9.13. (DHEC: Sickle Cell Programs) $1,425,000 is appropriated for Sickle Cell program services and shall be apportioned as
 4   follows:
 5         (1) 67% is to be divided equitably between the existing Community Based Sickle Cell Programs located in Spartanburg,
 6   Columbia, Orangeburg, and Charleston; and
 7         (2) 33% is for the Community Based Sickle Cell Program at DHEC.
 8      The funds shall be used for providing prevention programs, educational programs, testing, counseling and newborn screening.
 9   The balance of the total appropriation must be used for Sickle Cell Services operated by the Independent Living program of
10   DHEC. The funds appropriated to the community based sickle cell centers shall be reduced to reflect any percent reduction
11   assigned to the Department of Health and Environmental Control by the Budget and Control Board; provided, however, that the
12   department may not act unilaterally to reduce the funds for the Sickle Cell program greater than such stipulated percentage. The
13   department shall not be required to undertake any treatment, medical management or health care follow-up for any person with
14   sickle cell disease identified through any neonatal testing program, beyond the level of services supported by funds now or
15   subsequently appropriated for such services. No funds appropriated for ongoing or newly established sickle cell services may be
16   diverted to other budget categories within the DHEC budget.
17      9.14. (DHEC: Genetic Services) The sum of $194,856 appearing under the Independent Living program of this act shall be
18   appropriated to and administered by the Department of Health and Environmental Control for the purpose of providing appropriate
19   genetic services to medically needy and underserved persons. Such funds shall be used by the department to administer the
20   program and to contract with appropriate providers of genetic services. Such services will include genetic screening, laboratory
21   testing, counseling, and other services as may be deemed beneficial by the department, and these funds shall be divided equally
22   among the three Regional Genetic Centers of South Carolina, composed of units from the Medical University of South Carolina,
23   the University of South Carolina School of Medicine, and the Greenwood Genetic Center.
24      9.15. (DHEC: Revenue Carry Forward Authorization) The Department of Health & Environmental Control is hereby
25   authorized to collect, expend, and carry forward revenues in the following programs: Sale of Goods (confiscated goods, arm
26   patches, etc.), sale of meals at Camp Burnt Gin, sale of publications, brochures, Spoil Easement Areas revenue, performance bond
27   forfeiture revenue for restoring damaged critical areas, beach renourishment appropriations, photo copies and certificate forms,
28   including but not limited to, pet rabies vaccination certificate books, sale of listings and labels, sale of State Code and
29   Supplements, sale of films and slides, sale of maps, sale of items to be recycled, including, but not limited to, used motor oil and
30   batteries, sale and/or licensing of software products developed and owned by the Department, and collection of registration fees for
31   non-DHEC employees. Any unexpended balance carried forward must be used for the same purpose.
32      9.16. (DHEC: Pharmacist Permits) The Department of Health and Environmental Control shall be exempted from the
33   requirements of Section 40-43-83 of the 1976 Code of Laws, as amended, as it relates to the requirement that all facilities
34   distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy and the requirement that each pharmacy
35   shall have a pharmacist-in-charge. Each DHEC Health District shall be required to have a permit to distribute or dispense
36   prescription drugs. Further, the department shall be exempted from the requirements of Section 40-43-86 of the 1976 Code of
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 1   Laws, as amended, as it relates to the requirement that a pharmacist may not serve as pharmacist-in-charge unless he is physically
 2   present in the pharmacy and the requirement that a pharmacist may not serve as a pharmacist-in- charge for more than one
 3   pharmacy at a time, so that one pharmacist-in-charge may be designated by the department for more that one district.
 4      9.17. (DHEC: Medicaid Nursing Home Bed Days) Pursuant to Section 44-7-84(A) of the 1976 Code, the maximum number of
 5   Medicaid patient days for which the Department of Health and Environmental Control is authorized to issue Medicaid nursing
 6   home permits is 4,452,015.
 7      9.18. (DHEC: Health Licensing Fee) Funds resulting from an increase in the Health Licensing Fee Schedule shall be retained
 8   by the department to fund increased responsibilities of the health licensing programs. Failure to submit a license renewal
 9   application or fee to the department by the license expiration date shall result in a late fee of $75 or 25% of the licensing fee
10   amount, whichever is greater, in addition to the licensing fee. Continual failure to submit completed and accurate renewal
11   applications and/or fees by the time period specified by the department shall result in enforcement actions. The department may
12   waive any or all of the assessed late fees in extenuating circumstances, as long as it is with public knowledge.
13      9.19. (DHEC: Medical & Dental Loan Program) Notwithstanding other provisions of law, unobligated funds in the Medical &
14   Dental Loan program may be expended for other health service programs.
15      9.20. (DHEC: Infectious Waste Contingency Fund) The Department of Health and Environmental Control is authorized to use
16   not more than $75,000 from the Infectious Waste Contingency Fund per year for personnel and operating expenses to implement
17   the Infectious Waste Act.
18      9.21. (DHEC: Nursing Home Medicaid Bed Day Permit) When transfer of a Medicaid patient from a nursing home is necessary
19   due to violations of state or federal law or Medicaid certification requirements, the Medicaid patient day permit shall be transferred
20   with the patient to the receiving nursing home. The receiving facility shall apply to permanently retain the Medicaid patient day
21   permit within sixty days of receipt of the patient.
22      9.22. (DHEC: Mineral Sets Revenue) The department is authorized to charge a reasonable fee for mineral sets. Funds
23   generated from the sale of mineral sets may be retained by the department in a revolving account with a maximum carry forward of
24   $2,000 and must be expended for mineral set supplies and related mining and reclamation educational products.
25      9.23. (DHEC: Spoil Easement Areas Revenue) The department is authorized to collect, retain and expend funds received from
26   the sale of and/or third party use of spoil easement areas, for the purpose of meeting the State of South Carolina’s responsibility for
27   providing adequate spoil easement areas for the Atlantic Intracoastal Waterway in South Carolina.
28      9.24. (DHEC: Per Visit Rate) The SC DHEC is authorized to compensate nonpermanent, part-time employees on a fixed rate
29   per visit basis. Compensation on a fixed rate per visit may be paid to employees for whom the department receives per visit
30   reimbursement from other sources. These individuals will provide direct patient care in a home environment. The per visit rate
31   may vary based on the discipline providing the care and the geographical location of services rendered. Management may pay
32   exempt or nonexempt employees as defined by the Fair Labor Standards Act only when they are needed to work. Individuals
33   employed in this category may exceed twelve months, but are not eligible for State benefits except for the option of contributing to
34   the State Retirement System.
35      9.25. (DHEC: Allocation Patient Days) The department will allocate additional Medicaid patient days authorized above the
36   previous fiscal year’s level based on the percentage of the additional requested Medicaid patient days and a percentage of the need
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 1   indicated by the Community Long Term Care waiting list in priority order: (1) to those nursing homes currently holding a
 2   Medicaid nursing home permit; (2) to those nursing homes that are currently licensed, but do not participate in the Medicaid
 3   program; (3) to those nursing homes that have been approved under the Certificate of Need program. Facilities licensed as of July
 4   1, 2006 shall not have their Medicaid permits or licensed bed capacity reduced by the department except as provided in Section 44-
 5   7-84(B) or 44-7-290 of the 1976 Code.
 6      9.26. (DHEC: Certificate of Public Advantage) Notwithstanding Regulation 61-31, Health Care Cooperative Agreements and
 7   other provisions of law, should the department of Health and Environmental Control issue a Certificate of Public Advantage, the
 8   applicant will pay to the department, an annual monitoring fee to cover the actual cost of audits and monitoring. This fee shall be
 9   used by the department in whatever manner solely for the purpose of monitoring Certificates of Public Advantage as set forth in
10   Section 44-7-570(A).
11      9.27. (DHEC: Allocation of Indirect Cost and Recoveries) The department shall continue to deposit in the general fund all
12   indirect cost recoveries derived from state general funds participating in the calculation of the approved indirect cost rate. Further
13   administration cost funded with other funds used in the indirect cost calculation shall, based on their percentage, be retained by the
14   agency to support the remaining administrative costs of the agency.
15      9.28. (DHEC: MCH-Abstinence Education) The agency under contract with the State of South Carolina as of December 2000,
16   and funded with federal funds under the provisions of Title V, Section 510, must continue to be under contract at the same funding
17   level, for the same purposes for the current fiscal year until September 30, 2004. Applicants for Title V, Section 510 funding must
18   have a proven and public history of having effectively implemented a program using a National Abstinence Clearinghouse (NAC)
19   approved curricula for a minimum of one year prior to their application for the abstinence-only federal funds. NAC is the agency
20   the federal Department of Health and Human Services has chosen to provide a comprehensive, national list of approved
21   abstinence-only education curricula that is consistent with the A through H legislative requirements defined in Title V, Section
22   510(b)(2). A five member committee shall oversee the bid process. The five member committee shall be composed as follows:
23   the President Pro Tempore of the Senate shall appoint two members of the committee, the Speaker of the House shall appoint two
24   members of the committee and the Governor shall appoint one member of the committee.
25      9.29. (DHEC: Church/Charitable Organization Food Preparation) The Department of Health and Environmental Control shall
26   not use any funds appropriated or authorized to the department to enforce Regulation 61-25 to the extent that the regulation would
27   prohibit churches and charitable organizations from preparing and serving food to the public on their own premises at not more
28   than one function a month or not more than twelve functions a year.
29      9.30. (DHEC: Permitted Site Fund) The South Carolina Department of Health and Environmental Control may expend funds as
30   necessary from the permitted site fund established pursuant to Section 44-56-160(B)(1), for legal services related to environmental
31   response, regulatory, and enforcement matters, including administrative proceedings and actions in state and all federal courts.
32      9.31. (DHEC: Health Disparities Study) The Department of Health and Environmental Control will provide leadership in the
33   implementation of the State Health Improvement Plan with specific goals similar to the national Healthy People 2010 goals and
34   targeting health disparities among our state’s minority population. The Plan will address the areas of diabetes, cardiovascular
35   disease, stroke, cancer, HIV/AIDS, infant mortality and childhood/adult immunizations. Working with public and private health
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 1   care institutions, state agencies and providers, DHEC will provide leadership in the coordination of services, elimination of
 2   duplication and coordination of federal and state funding.
 3      9.32. (DHEC: Use of Radiological Fees) Notwithstanding Section 13-7-85 of the 1976 Code of Laws, the Department of Health
 4   and Environmental Control is authorized to retain all funds generated above monies remitted to the general fund in FY 2000-2001
 5   from fees listed in regulation R61-64 Title B (X-Rays).
 6      9.33. (DHEC: Head Lice) Notwithstanding any other provision of law, the Department of Health and Environmental Control is
 7   authorized to expend $200,000 in other fund accounts in order to fund the head lice program statewide.
 8      9.34. (DHEC: Shift Increased Funds) The Director is authorized to shift increased appropriated funds in this act to offset
 9   shortfalls in other critical program areas.
10      9.35. (DHEC: Health Licensing Monetary Penalties) In the course of regulating health care facilities/services, the Division of
11   Health Licensing (DHL) assesses civil monetary penalties against nonconforming providers. DHL shall retain up to the first
12   $50,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the
13   provisions of regulations applicable to that Division. These funds shall be separately accounted for in the Department’s fiscal
14   records.
15      9.36. (DHEC: Health Facility Monetary Penalties) In the course of regulating health care facilities/services, the Bureau of
16   Health Facilities and Services Development (BHF) assesses civil monetary penalties against nonconforming providers. BHF shall
17   retain up to the first $100,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry
18   out and enforce the provisions of regulations applicable to that Bureau. These funds shall be separately accounted for in the
19   Department’s fiscal records.
20      9.37. (DHEC: Radiological Health Monetary Penalties) In the course of regulating health care facilities/services, the Bureau of
21   Radiological Health (BRH) assesses civil monetary penalties against nonconforming providers. BRH shall retain up to the first
22   $30,000 of civil monetary penalties collected each fiscal year and these funds shall be utilized solely to carry out and enforce the
23   provisions of regulations applicable to that Bureau. These funds shall be separately accounted for in the Department’s fiscal
24   records.
25      9.38. (DHEC: Nonionizing Radiation Inspections) The department shall have no duty to inspect a source of nonionizing
26   radiation unless it has received credible information indicating a violation of applicable statutes or regulations or the existence of
27   an emergency.
28      9.39. (DHEC: Recreational Waters Fees) In addition to those fees already authorized, funds resulting from an increase in the
29   Recreational Waters Fee Schedule as stated below shall be retained by the department to fund responsibilities for recreational
30   waters permitting and inspection programs.
31        (a) Construction Permit Application Fees:
32            (i) Type “A,” “B,” “C,” “D,” and, “F” Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $400 plus $.50 per
33   square foot of surface area;
34            (ii) Type “E” Pools (as defined in 24A S.C. Code Ann. Regulation 61-51) - $1,000 per flume (including minimum
35   required design landing area) or water course, to include water slide. Additional area above minimum required landing area and all
36   other Type “E” pools will be charged according to (i) above;
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 1            (iii) The Department may collect an additional $250 from the owner for each repeat final inspection that is required due to
 2   incomplete construction or construction that is not in accordance with permitted plans and specifications.
 3        (b) Annual Operating Permits:
 4            (i) Type “A,” “B,” “C,” “D,” and “F” Pools - $125 for the first pool on a property plus $100 for each additional pool on
 5   the same property;
 6            (ii) Type “E” Pools - $125 per flume or water course.
 7      9.40. (DHEC: Prohibit Use of Funds) The Department of Health and Environmental Control must not use any state
 8   appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means.
 9      9.41. (DHEC: Meals in Emergency Operations) The cost of meals may be provided to state employees who are required to
10   work during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
11      9.42. (DHEC: Compensatory Payment) In the event the President of the United States has declared a state of emergency or the
12   Governor has declared a state of emergency in a county in the State, Fair Labor Standards Act exempt employees of the department
13   may be paid for actual hours worked in lieu of accruing compensatory time, at the discretion of the agency Director, and providing
14   funds are available.
15      9.43. (DHEC: Beach Renourishment and Monitoring) Funds allocated for beach renourishment shall be spent in accordance
16   with the priorities established by the department’s Office of Coastal and Resource Management. If state funds are made available
17   from any general revenue, capital, surplus or bond funding appropriated to the department for beach renourishment and
18   maintenance, the department shall be able to expend not more than $100,000 of these funds annually to support annual beach
19   profile monitoring coast wide to enable the department to determine erosion rates and to identify priority areas needing
20   renourishment and maintenance to mitigate erosion and storm damage potential. Appropriations for beach renourishment projects
21   that are certified by the department as excess to the final State share of project costs and the annual coast wide monitoring costs
22   shall be allocated by the department to other beach renourishment projects on a priority basis in accordance with R.30-18.
23      9.44. (DHEC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be
24   released to local subdivisions or nonprofit organizations for health or environmental purposes only upon the approval of the Grants
25   Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In
26   addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
27      9.45. (DHEC: Hazardous Waste Contingency Fund) Proviso 9.56 of Act 115 of 2005 is hereby declared by the General
28   Assembly to be null and void. The department is directed to return any funds collected under said proviso and abstain from
29   collecting any further funds under that authorization. The department is relieved from any future audit exception concerning the
30   collection and expenditure of funds authorized by that proviso. Beginning on July 1, 2006, all interest accruing on funds collected
31   and held pursuant to Section 44-56-160(E) must be credited to the Hazardous Waste Contingency Fund and authorized for
32   expenditure by the department to defray costs of governmental response actions at uncontrolled hazardous waste sites and for the
33   purpose of response actions incidental to the transportation of hazardous materials.
34      9.46. (DHEC: Antibiotic Resistance Study Committee) A committee is established to study the incidence of antibiotic
35   resistance in South Carolina. The committee is directed to develop a statewide strategy for slowing the increasing rate of antibiotic
36   resistance. The committee shall consist of the following members: the director of the Department of Health and Environmental
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 1   Control or his designee, the director of the Department of Health and Human Services or his designee, the president of the South
 2   Carolina Hospital Association or his designee, the president of the South Carolina Alliance of Health Plans or his designee, the
 3   president of the South Carolina Medical Association or his designee, and the president of the Pharmaceutical Manufacturers
 4   Association or his designee. Members of the study committee shall serve without compensation.
 5      The committee shall receive staff support from the Department of Health and Environmental Control, the Department of Health
 6   and Human Services, the House of Representatives, and the Senate. The results of this committee are to be reported to the General
 7   Assembly by January 15, 2007.
 8      9.47. (DHEC: Suicide Prevention Plan) The department shall provide $50,000 to the Mental Health Association in South
 9   Carolina to implement the South Carolina Suicide Prevention Plan formulated by the South Carolina Suicide Task Force.
10      9.48. (DHEC: South Carolina State Trauma Care Fund) Of the funds appropriated to the South Carolina State Trauma Care
11   Fund, $4,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists’ professional
12   fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury deaths to care for
13   injury patients, and for support of the trauma system, based on a methodology as determined by the department with guidance and
14   input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws. The methodology to be
15   developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to hospitals and
16   trauma physician fees, 11% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and paramedics
17   by the four regional councils of this state and the remaining 10% must be disbursed to EMS providers in counties with high trauma
18   mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system. The
19   Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976 Code
20   for the administration and oversight of the Trauma Care Fund.
21      9.49. (DHEC: Pandemic Influenza) The Department of Health and Environmental Control shall assess South Carolina’s ability
22   to cope with a major influenza outbreak or pandemic influenza and develop a plan to improve the state’s readiness condition. The
23   department shall report this plan to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the
24   Governor by November 1, 2006. The department, in conjunction with the Department of Health and Human Services, is also
25   authorized to establish a fund for the purpose of developing an emergency supply and distribution system of appropriate antiviral
26   and vaccine medicines. In the event the United States Department of Health and Human Services makes available antivirals or
27   vaccines for purchase by states via federal contract or federally-subsidized contract or other mechanism, the department, with
28   Budget and Control Board approval, may access appropriated or earmarked funds as necessary to purchase an emergency supply of
29   these medicines for the State of South Carolina.
30      9.50. (DHEC: Hemophilia Recombinant Factors) The Department of Health and Environmental Control shall provide patients
31   with Hemophilia the choice of recombinant factors when prescribed by a physician regardless of the patient’s past Hemophilia
32   treatment methods.
33      9.51. (DHEC: Hemophilia Premium Assistance Program) Of the funds appropriated to the department for Case Services in
34   Program E.7. (Family Health, Independent Living) $200,000 shall be utilized for Patient Services Incorporated to implement the
35   South Carolina Hemophilia Premium Assistance Program. Such efforts will maintain and enhance the current program as
36   administered by the department and will determine whether the premium assistance program is cost-effective. The pilot program
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 1   will begin no later than October 30, 2007. This program shall include persons with hemophilia, notwithstanding the provisions of
 2   Section 38-74-30(E)(3) of the 1976 Code. A report on the progress of the pilot will be made to the General Assembly and the
 3   Governor regarding savings resulting from the assistance program no later than October 30, 2009.
 4     9.52. (DHEC: Savannah River National Lab) Of the funds appropriated to or authorized for the Department of Health and
 5   Environmental Control, $77,800 shall be used for the Savannah River National Laboratory Life Science Commercialization
 6   Program.
 7     9.53. (DHEC: Hospital Infections Reports) Of the funds appropriated to the department for Infectious Diseases, $276,245 will
 8   be allocated for Hospital Infections Reports.
 9
10   SECTION 10 - J12 - DEPARTMENT OF MENTAL HEALTH
11
12      10.1. (DMH: Medicare Revenue) All Federal Funds received by the Department of Mental Health from patients’ Medicare
13   benefits shall be considered as patient fees under the provision of Act 1276 of 1970 (provision for the issuance of bonds to be
14   repaid from patient fees) except that the department shall remit to the General Fund of the State $290,963 from such funds to
15   support the appropriation for administrative costs of the collection of Medicare benefits. The department shall retain and expend
16   up to $3 million of all Medicare revenue earned prior to July 1, of the prior fiscal year, but received in the current fiscal year from
17   cost recovery efforts, all additional prior earnings shall be remitted to the general fund, except that the cost and fees of identifying
18   and collecting such additional Medicare revenue to which the department is entitled may be paid from funds actually collected
19   from such efforts.
20      10.2. (DMH: Paying Patient Account) Notwithstanding any other provision of law and in addition to other payments provided
21   in Part I of this act, the Department of Mental Health is hereby directed during the current fiscal year to remit to the General Fund
22   of the State the amount of $3,600,000 $3,400,000 to be paid from the surplus funds in the paying patient account which has been
23   previously designated for capital improvements and debt service under the provisions of Act 1276 of 1970. It is the intent of the
24   General Assembly to assist the department to reduce and eventually eliminate this obligation to the general fund.
25      10.3. (DMH: Patient Fee Account) Notwithstanding any other provisions of law and in addition to other payments provided in
26   Part I of this act, the Department of Mental Health is hereby authorized during the current fiscal year, to provide the funds
27   budgeted herein for $6,214,911 for departmental operations, $400,000 for the Continuum of Care, $50,000 for the Alliance for the
28   Mentally Ill, $250,000 for S.C. SHARE Self Help Association Regarding Emotions, $50,000 for Palmetto Pathways, $50,000 for
29   New Day Clubhouse, $15,000 for the Children’s Advocacy Center of Spartanburg, and all fees collected at the Campbell Nursing
30   Home and other veterans facilities for day-to-day operations, from the Patient Fee Account which has been previously designated
31   for capital improvements and debt service under provisions of Act 1276 of 1970. The Department of Mental Health is authorized
32   to fund the cost of Medicare Part B premiums from its Patient Fee Account up to $150,000. The South Carolina Alliance for the
33   Mentally Ill, the South Carolina Self-Help Association Regarding Emotions, Palmetto Pathways, New Day Clubhouse, and the
34   Children’s Advocacy Center of Spartanburg shall provide an itemized budget before the receipt of funds and quarterly financial
35   statements to the Department of Mental Health. DMH is authorized to use unobligated Patient Paying Fee Account funds for
36   community transition programs. The funds made available shall be utilized consistently with the Transition Leadership Council’s
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 1   definition of severely mentally ill children and adults. The department shall report their use of these funds to the Senate Finance
 2   Committee and the House Ways and Means Committee. This amendment is made notwithstanding other obligations currently set
 3   forth in this proviso.
 4      10.4. (DMH: Institution Generated Funds) The Department of Mental Health is authorized to retain and expend institution
 5   generated funds which are budgeted.
 6      10.5. (DMH: Transfer of Patients to DDSN) DMH is authorized to transfer to the Department of Disabilities & Special Needs,
 7   state appropriations to cover the state match related to expenditures initiated as a result of the transfer of appropriate patients from
 8   DMH to the Department of Disabilities & Special Needs. Notwithstanding any other provisions of law and in addition to other
 9   payments as authorized in this act, DMH is also authorized to utilize up to $500,000 from the Patient Fee Account to help defray
10   costs of these transferees.
11      10.6. (DMH: Practice Plan) Employees of the department affiliated with the University of South Carolina School of Medicine,
12   who hold faculty appointments in the School, may participate in the School’s Practice Plan provided that participation not take
13   place during regular working hours. Funds generated by such participants shall be handled in accordance with University policies
14   governing Practice Plan funds.
15      10.7. (DMH: Sexual Predator Program) The department shall maintain a budget program to be titled the “Sexual Predator Act.”
16   Funds appropriated and positions authorized for programs related to this act shall be shown as separate line items in this program.
17   These funds may be used to reimburse the department for expenses associated with the program in the prior fiscal year, but cannot
18   otherwise be transferred to other programs. In the event the General Assembly provides a “Community Treatment-Sex Offenders”
19   special line item of funding, a person who is required to register as a sex offender must annually undergo an evaluation by the
20   department to determine whether he or she poses a threat of re-offense to the community. If such funding is provided, the
21   department shall develop and provide a system of outpatient sex offender treatment. If a registered sex offender is found upon
22   evaluation by the department to pose a threat of re-offense to the community, the person must undergo outpatient sex offender
23   treatment as recommended by the department.
24      10.8. (DMH: Huntington’s Disease) Of funds appropriated, the Department of Mental Health shall designate $150,000 for
25   administrative and personnel costs for Huntington’s Disease clinical services within the Department of Mental Health.
26      10.9. (DMH: Alzheimer’s Funding) Of the funds appropriated to the Department of Mental Health for Community Mental
27   Health Centers, $1,000,000 must be used for contractual services to provide respite care and diagnostic services to those who
28   qualify as determined by the Alzheimer’s Disease and Related Disorders Association Upstate South Carolina Chapter and the
29   Palmetto Chapter. The funds are to be equally divided between the Upstate and Palmetto Chapters of the Association and the
30   department must maximize, to the extent feasible, federal matching dollars. On or before September 30 of each year, the
31   respective Chapters of the Alzheimer’s Disease and Related Disorders Association must submit to the department, Governor,
32   Senate Finance Committee, and House Ways and Means Committee an annual financial statement and outcomes measures attained
33   for the fiscal year just ended. These funds may not be expended or transferred during the current fiscal year until the required
34   reports have been received by the department, Governor, Chairman of the Senate Finance Committee, and the Chairman of the
35   House Ways and Means Committee.
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 1      10.10. (DMH: Colleton County Nursing Home) Subject to the review of the Joint Bond Review Committee and the approval of
 2   the Budget and Control Board, the Department of Mental Health is authorized to borrow an amount not to exceed $3,000,000 for
 3   the purpose of providing matching funds for the construction of the State Veterans Nursing Home in Colleton County. The
 4   authorization is contingent upon the Department’s ability to secure a binding commitment for a source of funds for the repayment
 5   of the loan. The State Treasurer is authorized to negotiate the terms and conditions of the loan.
 6      10.11. (DMH: Crisis Stabilization) During the current fiscal year, the Department of Mental Health must expend for crisis
 7   stabilization programs not less than $2 million. Funds expended by the department for the crisis stabilization program must be
 8   used to implement and maintain a crisis stabilization program, or to provide access to a crisis stabilization program through the
 9   purchase of local psychiatric beds, in each community mental health center catchment area. As used in this proviso, “crisis
10   stabilization program” means a community-based psychiatric program providing short-term, intensive, mental health treatment in a
11   non-hospital setting for persons who are experiencing a psychiatric crisis and who are either unable to safely function in their daily
12   lives or are a potential threat to themselves or the community, with treatment available twenty-four hours a day, seven days a week.
13   The department must submit a quarterly report, not later than thirty days after the end of each calendar quarter, to the Governor, the
14   Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee, identifying the crisis
15   stabilization program in each community mental health center catchment area, the number of persons served, and the expenditures
16   for the crisis stabilization program for the reporting period. The quarterly report must also include information on the number of
17   persons and the duration of stay for persons who are held in hospital emergency rooms when the crisis stabilization program is
18   unable to serve the person.
19      10.12. (DMH: Colleton County VA Home) Any under budget surplus from construction of the VA Home in Colleton County
20   shall first be used to satisfy the Department of Mental Health’s loan and any monies due to the federal government. Any remaining
21   funds shall be refunded to Colleton County in the appropriate proportion reflecting Colleton County's cost share contribution.
22      10.13. (DMH: Campbell Veterans Home) Of the newly appropriated funds for the Campbell Veterans Home, up to $400,000
23   must be used for contract operations.
24      10.14. (DMH: Recruitment Study) The Budget and Control Board’s Office of Human Resources is directed to study the
25   problem of recruitment and retention of mental health professionals in rural counties for the Department of Mental Health. The
26   Office of Human Resources is directed to study ways to increase the ability of the department to recruit and retain mental health
27   professionals in rural counties and report their recommendations to the Governor and the Chairmen of the House Ways & Means
28   and Senate Finance Committees no later than January 1, 2007.
29      10.15. (DMH: Children’s Facility Construction) If no award is made from bids received during FY 2005-06 for the provision of
30   services provided at the William S. Hall Institute, the department must begin proceedings for the construction of new a child and
31   adolescent facility with funds that have been retained for this purpose in order to provide placement for children and adolescents
32   that must be moved from the Bull Street campus.
33      10.16. (DMH: McCormick Satellite Clinic) The $750,000 appropriated by proviso 73.17 of Act 397 of 2006 for the Williams
34   Building Cooperative Ministries Homeless Shelter Renovation & Operation shall be redirected for a satellite community mental
35   health clinic in McCormick County.
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 1     10.17. (DMH: Crisis Intervention Training) Of the funds appropriated to the department, $85,500 shall be utilized for the
 2   National Alliance on Mental Illness (NAMI) SC for Crisis Intervention Training (CIT).
 3     10.18. (DMH: Charleston Dorchester Inpatient Acute Crisis Care for the Indigent) Of the funds appropriated to the
 4   Department of Mental Health for critical services, the department shall appropriate $20,000 to the Charleston Dorchester
 5   Community Mental Health Center for reimbursement of inpatient acute crisis care for the indigent provided through contract.
 6
 7   SECTION 11 - J16 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
 8
 9      11.1. (DDSN: Work Activity Programs) All revenues derived from production contracts earned by mentally retarded trainees in
10   Work Activity Programs be retained by the South Carolina Department of Disabilities & Special Needs and carried forward as
11   necessary into the following fiscal year to be used for other operating expenses and/or permanent improvements of these Work
12   Activity Programs.
13      11.2. (DDSN: Sale of Excess Real Property) The department is authorized to retain revenues associated with the sale of excess
14   real property owned by, under the control of, or assigned to the department and may expend these funds as grants to purchase or
15   build community residences and day program facilities for the individuals DDSN serves. The department shall follow all the
16   policies and procedures of the Budget and Control Board and the Joint Bond Review Committee.
17      11.3. (DDSN: Prenatal Diagnosis) Revenues not to exceed $126,000 from client fees, credited to the debt service fund and not
18   required to meet the department’s debt service requirement, may be expended only in the current fiscal year to promote expanded
19   prenatal diagnosis of mental retardation and related defects by the Greenwood Genetic Center.
20      11.4. (DDSN: Medicaid Funded Contract Settlements) The department is authorized to carry forward and retain settlements
21   under Medicaid-funded contracts.
22      11.5. (DDSN: Medicare Reimbursements) The department may continue to budget Medicare reimbursements to cover
23   operating expenses of the program providing such services.
24      11.6. (DDSN: Departmental Generated Revenue) The department is authorized to continue to expend departmental generated
25   revenues that are authorized in the budget.
26      11.7. (DDSN: Transfer of Capital/Property) The department may transfer capital to include property and buildings to local
27   DSN providers with Budget and Control Board approval.
28      11.8. (DDSN: Unlicensed Medication Providers) The provision of selected prescribed medications may be performed by
29   selected unlicensed persons in community-based programs sponsored, licensed or certified by the South Carolina Department of
30   Disabilities and Special Needs, provided such selected unlicensed persons have documented medication training and skill
31   competency evaluation. Licensed nurses may train and supervise selected unlicensed persons to provide medications and, after
32   reviewing competency evaluations, may approve selected unlicensed persons for the provision of medications. The provision of
33   medications by selected unlicensed persons is limited to oral and topical medications and to regularly scheduled insulin and
34   prescribed anaphylactic treatments under established medical protocol and does not include sliding scale insulin or other injectable
35   medications. The selected unlicensed persons shall be protected against tort liability provided their actions are within the scope of
36   their job duties and the established medical protocol.
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 1      The Department of Disabilities and Special Needs shall establish curriculum and standards for training and oversight.
 2      This provision shall not apply to a facility licensed as a habilitation center for the mentally retarded or persons with related
 3   conditions.
 4      11.9. (DDSN: Pervasive Developmental Disorder) The Department of Disabilities and Special Needs, as the agency authorized
 5   to treat autistic disorder, is designated for a Medicaid project to treat children who have been diagnosed by eight years of age with
 6   a pervasive developmental disorder. The project must target the youngest ages feasible for treatment effectiveness, treatment for
 7   each individual child shall not exceed three years without a special exception as defined in the waiver, and reimbursement for each
 8   individual participant will be set by the waiver. The Department of Disabilities and Special Needs and the Department of Health
 9   and Human Services will determine the areas of the State with the greatest need and availability of providers. Children
10   participating in the project will be selected based upon an application system developed in compliance with the Medicaid waiver.
11   Treatment will be provided as authorized and prescribed by the department according to the degree of the developmental
12   disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract with public or
13   private entities to implement intervention programs, which must comply with Medicaid reimbursement methodologies, for children
14   who have been diagnosed with a pervasive developmental disorder. “Pervasive developmental disorder” means a neurological
15   condition, including autistic disorder and Asperger’s syndrome, as defined in the most recent edition of the Diagnostic and
16   Statistical Manual of Mental Disorders of the American Psychiatric Association. This provision does not establish or authorize
17   creation of an entitlement program or benefit.
18
19   SECTION 12 - J20 - DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES
20
21      12.1. (DAODAS: Training & Conference Revenue) The department may charge fees for training events and conferences. The
22   revenues from such events shall be retained by the department to increase education and professional development initiatives.
23      12.2. (DAODAS: Gambling Addiction Services) In that gambling is a serious problem in South Carolina, the department
24   through its local county commissions may provide, from funds appropriated to the department, information, education, and referral
25   services to persons experiencing gambling addictions.
26
27   SECTION 13 - L04 - DEPARTMENT OF SOCIAL SERVICES
28
29      13.1. (DSS: Fee Retention) The Department of Social Services shall recoup all refunds and identified program overpayments
30   and all such overpayments shall be recouped in accordance with established collection policy. Funds of $800,000 collected under
31   the Child Support Enforcement Program (Title IV-D) which are state funds shall be remitted to the State Treasurer and credited to
32   the General Fund of the State. All state funds above $800,000 shall be retained by the department to fund Self-Sufficiency and
33   Family Preservation and Support initiatives.
34      13.2. (DSS: Recovered State Funds) The department shall withhold a portion of the State Funds recovered, under the Title IV-
35   D Program, for credit to the general fund in order to allow full participation in the federal “set off” program offered through the
36   Internal Revenue Service, the withholding of unemployment insurance benefits through the South Carolina Employment Security
                                                                                                                              PAGE 423

 1   Commission and reimbursement for expenditures related to blood testing. Such funds may not be expended for any other purpose.
 2   The Department of Social Services be allowed to utilize the State share of Federally required application fees, collected from
 3   Non-TANF clients, in the administration of the Child Support Enforcement Program. Such funds may not be expended for any
 4   other purpose. However, this shall not include Child Support Enforcement Program incentives paid to the program from federal
 5   funds to encourage and reward cost effective performance. Such incentives are to be reinvested in the program to increase
 6   collections of support at the state and county levels in a manner consistent with federal laws and regulations governing such
 7   incentive payments. The department shall not use clerk of court incentive funds to replace agency operating funds. Such funds
 8   shall be remitted to the appropriate state governmental entity to further child support collection efforts.
 9      13.3. (DSS: Foster Children Burial) The expenditure of funds allocated for burials of foster children shall not exceed one
10   thousand five hundred dollars per burial.
11      13.4. (DSS: Assistance Payments Client List) The names of persons benefiting from assistance payments under the several
12   programs of the Department of Social Services shall be available to other state agencies, if not in conflict with federal regulations.
13      13.5. (DSS: Employee Supplement) No county shall supplement the salary of any DSS employee.
14      13.6. (DSS: Battered Spouse Funds) Appropriations included in Subprogram II.K entitled Battered Spouse shall be allocated
15   through contractual agreement to providers of this service. These appropriations may also be used for public awareness and
16   contracted services for victims of this social problem including the abused and children accompanying the abused. Such funds
17   may not be expended for any other purpose nor be reduced by any amount greater than that stipulated by the Budget and Control
18   Board or the General Assembly for the agency as a whole.
19      13.7. (DSS: Court Examiner Service Exemption) In order to prevent the loss of federal funds to the State, employees of the
20   Department of Social Services whose salaries are paid in full or in part from federal funds will be exempt from serving as court
21   examiners.
22      13.8. (DSS: Accounts Receivable Procedures) The Department of Social Services will establish, and collect accounts receivable
23   in accordance with appropriate and applicable federal regulations.
24      13.9. (DSS: TANF Advance Funds) The Department of Social Services is authorized to advance sufficient funds during each
25   fiscal year from the Temporary Assistance for Needy Families Assistance Payments general fund appropriations to the Temporary
26   Assistance for Needy Families Assistance Payments federal account only for the purpose of allowing a sufficient cash flow in the
27   federal account. The advance must be refunded no later than April of the same fiscal year. Upon the advance of funds as provided
28   herein, the Comptroller General is authorized to process the July voucher for the funding of benefit checks.
29      13.10. (DSS: Fee Schedule) The Department of Social Services shall be allowed to charge fees and accept donations, grants,
30   and bequests for social services provided under their direct responsibility on the basis of a fee schedule approved by the Budget
31   and Control Board. The fees collected shall be utilized by the Department of Social Services to further develop and administer
32   these program efforts. The below fee schedule is established for the current fiscal year.
33        Day Care
34           Family Child Care Homes (up to six children)               $ 15
35           Group Child Care Homes (7-12 children)                     $ 30
36           Registered Church Child Care (13+)                         $ 50
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 1         Licensed Child Care Centers (13-49)                       $ 50
 2         Licensed Child Care Centers (50-99)                       $ 75
 3         Licensed Child Care Centers (100-199)                     $100
 4         Licensed Child Care Centers (200+)                        $125
 5       Central Registry Checks
 6         Non-profit Entities                                       $    8
 7         Private Adoption Investigations                           $   25
 8         For-profit Agencies                                       $   25
 9         State Agencies                                            $   15
10         Schools                                                   $   15
11         Day Care                                                  $    8
12         Other – Volunteer Organizations                           $    8
13       Other Children’s Services
14         Services Related to Adoption of Children
15         from Other Countries                                      $225
16         Court-ordered Home Studies in Non-DSS
17         Custody Cases                                             $850
18         Licensing Residential
19         Group Homes                                              $250 fee for an initial license,
20                                                                  $ 75 for renewal
21           Licensing Child Caring Institutions                    $500fee for an initial license,
22                                                                  $100 for renewal
23           Licensing Child Placing Agencies                       $500fee for an initial license,
24                                                                  $ 60 for renewal,
25                                                                  $ 15 for each private foster home under the
26                                                                        supervision of a child placing agency.
27      13.11. (DSS: Mentally Disabled Supplement) From the appropriation made herein for General Assistance, the department may
28   elect to supplement the income of individuals who reside in foster homes or supported independent living arrangements certified
29   by the Department of Mental Health and who qualify as mentally disabled under the definitions of Public Law 92-603, U.S. Code,
30   or who would qualify except for income limitations with the supplement being at the same rate as for other individuals who qualify
31   for General Assistance. The department shall contract with the Department of Mental Health to ensure that the payments of
32   General Assistance to persons who would not otherwise qualify except for this proviso shall be transferred to the department from
33   the appropriations made to the Department of Mental Health.
34      13.12. (DSS: Food Stamp Fraud) The state portion of funds recouped from the collection of recipient claims in the TANF and
35   Food Stamp programs shall be retained by the department. A portion of these funds shall be distributed to local county offices for
36   emergency and program operations.
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 1      13.13. (DSS: TANF - Immunizations Certificates) The department shall require all TANF applicants and/or recipients to
 2   provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the department
 3   shall assist in referring applicants to appropriate county health departments to obtain the immunizations.
 4      13.14. (DSS: Fees for Court Witness in Child Welfare Services) Effective July 1, 1994, any monies appropriated for the
 5   payment of court testimony in either abuse and neglect, termination of parental rights, or judicial review cases arising under
 6   Section 20-7-480, et. seq. of the SC Code of Laws, 1976, as amended, and adult protective service cases under Section
 7   43-35-10(9), et. seq. of the SC Code of Laws, 1976, as amended, shall only be paid in accordance with DSS policy which shall
 8   include limits on awards and procedures for payment, in due consideration of the agency budgetary limitations and specific funds
 9   allocated for such purposes. Provided further that DSS shall pay up to a maximum hourly rate to licensed psychologists, social
10   workers, nurses, ministerial counseling, family and marriage counselors of $60 for counseling and $60 for expert witness fees, to
11   include travel time and DSS shall pay up to a maximum hourly rate to physicians of $125 for expert witness fees, to include travel
12   time.
13      13.15. (DSS: Foster Care Fingerprint Reviews) Notwithstanding the provisions of Section 20-7-1640, of the SC Code of Laws,
14   1976, as amended, the department is authorized to pay from funds appropriated in this section the costs of Federal Bureau of
15   Investigation fingerprint reviews for foster care families recruited, selected and licensed by the department.
16      13.16. (DSS: County Directors’ Pay) With respect to the amounts allocated to the Department of Social Services for Employee
17   Pay Increase in this act, the Department of Social Services is authorized to allot funds for pay increases to individual county
18   directors and regional directors in classified positions without uniformity. Pay increases for DSS county directors and regional
19   directors shall be administered in accordance with the guidelines established by the Budget and Control Board for Executive
20   Compensation System and other nonacademic unclassified employees. Any employees subject to the provisions of this paragraph
21   shall not be eligible for any other compensation increases provided in this act.
22      13.17. (DSS: Use of Funds Authorization) Department investigative units shall be authorized to receive and expend funds
23   awarded to these units as a result of a donation, contribution, prize, grant, and/or court order. These funds shall be retained by the
24   department on behalf of the investigative units and deposited in a separate, special account and shall be carried forward from year
25   to year and withdrawn and expended as needed to fulfill the purposes and conditions of the donation, contribution, prize, grant,
26   and/or court order, if specified, and if not specified, as may be directed by the Director of the Department of Social Services.
27   These accounts shall not be used to supplant operating funds in the current or future budgets. The agency shall report to the Senate
28   Finance Committee and Ways and Means Committee by January 30 of the current fiscal year on the amount of funds received and
29   how expended.
30      13.18. (DSS: Prevent Welfare Reform Duplication of Services) The intent of the General Assembly is that the Department of
31   Social Services not duplicate services available at the Employment Security Commission and other state agencies. All state
32   agencies are directed to cooperate with DSS as it implements the Family Independence Act of 1995. Monies appropriated for the
33   purpose of implementing the Family Independence Act of 1995, and used to hire persons or procure services for employment
34   training purposes, shall be reported to the Governor to ensure duplication of services does not occur.
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 1      13.19. (DSS: C. R. Neal Learning Center) The department shall reimburse up to $100,000 to the C. R. Neal Learning Center
 2   located in Richland County for services provided to DSS clients that are eligible for Temporary Assistance to Needy Families
 3   funding.
 4      13.20. (DSS: Use of Funds Authorization) Unless specifically directed by the General Assembly, when DSS is directed to
 5   provide funds to a not-for-profit or 501(c)(3) organization, that organization must use the funds to serve persons who are eligible
 6   for services in one or more DSS programs.
 7      13.21. (DSS: Grant Authority) The Department of Social Services is authorized to make grants to community-based
 8   not-for-profit organizations for local projects that further the objectives of DSS programs. The department shall develop policies
 9   and procedures and may promulgate regulations to assure compliance with state and federal requirements associated with the funds
10   used for the grants and to assure fairness and accountability in the award and administration of these grants. The department shall
11   require a match from all grant recipients.
12      13.22. (DSS: Family Foster Care Payments) The Department of Social Services shall furnish as Family Foster Care payments
13   for individual foster children under their sponsorship:
14         ages 0 - 5         $332 per month
15         ages 6 - 12        $359 per month
16         ages 13 +          $425 per month
17      These specified amounts are for the basic needs of the foster children. Basic needs within this proviso are identified as food (at
18   home and away), clothing, housing, transportation, education and other costs as defined in the U.S. Department of Agriculture
19   study of “Annual Cost of Raising a Child to Age Eighteen”. Further, each agency shall identify and justify, as another line item, all
20   material and/or services, in excess of those basic needs listed above, which were a direct result of a professional agency evaluation
21   of clientele need. Legitimate medical care in excess of Medicaid reimbursement or such care not recognized by Medicaid may be
22   considered as special needs if approved by the sponsoring/responsible agency and shall be reimbursed by the sponsoring agency in
23   the same manner of reimbursing other special needs of foster children.
24      13.23. (DSS: Penalty Assessment) The Department of Social Services may impose monetary penalties against a person, facility,
25   or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department
26   regulates. Penalties collected must be remitted to the State Treasurer for deposit into the State General Fund. The department shall
27   promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the
28   decision to assess a penalty, the effect of failure to pay a penalty in a timely manner, and a schedule of penalty ranges that takes
29   into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a
30   contested case hearing before a designee of or panel appointed by the director of the department. Judicial review of the final
31   agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final
32   revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant
33   to this provision, shall have discretion in determining the appropriateness of assessing a monetary penalty against a person or
34   facility and the amount of the penalty. The authority to assess monetary penalties shall be in addition to other statutory provisions
35   authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other
36   types of operating or practice registrations, approvals, or certificates.
                                                                                                                           PAGE 427

 1      13.24. (DSS: Children’s Home Standard Licenses) Standard licenses for children’s residential group homes, child caring
 2   institutions and child placing agencies shall be effective for two years from the date of issuance or renewal unless revoked or
 3   otherwise terminated before the expiration date. Fire inspections required for licensing or renewal of children’s residential group
 4   homes and child caring institutions must be conduced annually.
 5      13.25. (DSS: Child Support Enforcement Automated System Carry Forward) The department shall be authorized to retain and
 6   carry forward any unexpended funds appropriated for the Child Support Enforcement automated system and related penalties.
 7      13.26. (DSS: Child Support Enforcement System) The Department of Social Services is directed to provide a detailed report to
 8   the General Assembly by August 31st of the current fiscal year on the status of the Child Support Enforcement System. The report
 9   shall include, but not be limited to, actions currently being undertaken to become compliant with federal government requirements;
10   the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the
11   federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system;
12   and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting
13   minimum federal guidelines.
14   SECTION 14 - L24 - COMMISSION FOR THE BLIND
15
16     14.1. (BLIND: Matching Federal Funds) For the current fiscal year the amount appropriated in this section under Program II
17   for Rehabilitative Services is conditioned upon matching by federal funds to the maximum amount available under the Federal
18   Vocational Rehabilitation Program.
19     14.2. (BLIND: Braille Production and Telecommunications Revenue) Revenues derived from the production of Braille and
20   provision of services by clients of the Adult Adjustment and Training Center may be retained by the commission and used in the
21   facility for production costs.
22     14.3. (BLIND: Patriot’s Point Vendor Exemption) For the current fiscal year, the provisions of Chapter 26, Title 43 of the 1976
23   Code pertaining to rules regulating vending facilities operated by persons who are blind do not apply to the Patriots Point
24   Development Authority.
25
26   SECTION 15 - H79 - DEPARTMENT OF ARCHIVES & HISTORY
27
28      15.1. (AH: Use of Proceeds) The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications,
29   reproductions of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of
30   Historic Places certificates and plaques by the Archives Department shall be deposited in a special account in the State Treasury,
31   and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional
32   training sessions, publication, reproduction expenses, repair expenses, and National Register of Historic Places certificates and
33   plaques, and selected Historic Preservation Grants.
34      15.2. (AH: Nat’l. Historic Preservation Program) The funds earned from the United States Department of Interior by the South
35   Carolina Department of Archives and History for administering the National Historic Preservation Program in this State, with the
36   exception of the appropriate amount of indirect cost reimbursement to the general fund, must be deposited in a special account in
                                                                                                                                 PAGE 428

 1   the State Treasury, to be used by this department for a Historic Preservation Grants program that will assist historic properties
 2   throughout South Carolina.
 3
 4   SECTION 17 - H87 - STATE LIBRARY
 5
 6      17.1. (LIB: Aid to Counties Libraries Allotment) The amount appropriated in this section for “Aid to County Libraries” shall be
 7   allotted to each county on a per capita basis according to the official United States Census for 2000, as aid to the County Library. No
 8   county shall be allocated less than $50,000 $60,000 under this provision. To receive this aid, local library support shall not be less
 9   than the amount actually expended for library operations from local sources in the second preceding year.
10      17.2. (LIB: Information Service Fees) The State Library may charge a fee for costs associated with information delivery and
11   retain such funds to offset the costs of maintaining, promoting and improving information delivery services.
12      17.3. (LIB: Continuing Education Fees) The State Library may charge a fee for costs associated with continuing education and
13   retain such funds to offset the costs of providing continuing education opportunities.
14   SECTION 18 - H91 - ARTS COMMISSION
15
16      18.1. (ARTS: Professional Artists Contract) Where practicable, all professional artists employed by the Arts Commission in the
17   fields of music, theater, dance, literature, musical arts, craft, media arts and environmental arts shall be hired on a contractual basis
18   as independent contractors. Where such a contractual arrangement is not feasible employees in these fields may be unclassified,
19   however, the approval of their salaries shall be in accord with the provisions of Section 8-11-35 of the 1976 Code.
20      18.2. (ARTS: Special Revolving Account) Any income derived from Arts Commission sponsored arts events or by gift,
21   contributions, or bequest now in possession of the Arts Commission including any federal or other funds balance remaining at the
22   end of the prior fiscal year, shall be retained by the commission and placed in a special revolving account for the commission to
23   use solely for the purpose of supporting the programs provided herein. Any such funds shall be subject to the review procedures as
24   set forth in Act 651 of 1978.
25      18.3. (ARTS: Partial Indirect Cost Waiver) The commission is allowed to apply a 15% indirect cost rate for continuing federal
26   grants for which they must compete. The commission shall apply the full approved negotiated rate to the Basic State Grant and
27   any new grants received by the commission.
28
29   SECTION 19 - H95 - STATE MUSEUM
30
31     19.1. (MUSM: Duplicate Materials) The commission may give (away) natural history materials in its possession for
32   educational purposes, such materials being less than museum quality or duplicative of materials owned by the Museum
33   Commission.
34     19.2. (MUSM: Removal From Collections) The commission may remove objects from its museum collections by gift to
35   another public or nonprofit institution, by trade with another public or nonprofit institution, by public sale, by transfer to the
36   commission’s education, exhibit, or study collections or to its operating property inventory; or as a last resort, by intentional
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 1   destruction on the condition that the objects so removed meet with one or more of the following criteria: (1) they fall outside the
 2   scope of the S. C. Museum Commission’s collections as defined in the Collection Policy dated January 20, 1993; (2) they are
 3   unsuitable for exhibition or research; (3) they are inferior duplicates of other objects in the collection; or (4) they are forgeries or
 4   were acquired on the basis of false information; funds from the sale of such objects will be placed in a special revolving account
 5   for the commission to use solely for the purpose of purchasing objects for the collections of the State Museum.
 6      19.3. (MUSM: Museum Store) The Museum Commission shall establish and administer a museum store in the State Museum.
 7   This store may produce, acquire, and sell merchandise relating to historical, scientific, and cultural sources. All profits received
 8   from the sale of such merchandise shall be retained by the Museum Commission in a restricted fund to be carried forward into the
 9   following fiscal year. These funds may be used for store operations, publications, acquisitions, educational programs, exhibit
10   production and general operating expenses provided that the expenditures for such expenses are approved by the General Assembly
11   in the annual Appropriation Act.
12      19.4. (MUSM: Traveling Exhibits Fees) The Museum Commission may rent or sell exhibits and exhibit components and the
13   commission may retain such funds and use them to offset the cost of developing, maintaining, promoting, and improving the
14   changing exhibit program and to support general operations, provided that the expenditures for such expenses are approved by the
15   General Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may be carried forward into the
16   current fiscal year to be expended for the same purposes.
17      19.5. (MUSM: Retention of Revenue) The Museum Commission may retain revenue received from admissions, program fees,
18   facility rentals, professional services, donations, food service, and other miscellaneous operating income generated by or for the
19   museum and may expend such revenue for general operating expenses provided that such expenditures are approved by the General
20   Assembly in the annual Appropriation Act. Any unexpended revenue from these sources may be carried forward into the current
21   fiscal year to be expended for the same purposes.
22      19.6. (MUSM: Across-the-Board Cut Exemption) In the calculation of any across-the-board cut mandated by the Budget and
23   Control Board or General Assembly, the amount of the museum’s rent which the commission pays to General Services for the
24   retirement of General Revenue Bonds shall be excluded from the museum’s base budget.
25      19.7. (MUSM: School Tour Fee Prohibition) The commission may not charge admission fees to groups of children from South
26   Carolina who have made reservations that are touring the museum as part of a school function.
27      19.8. (MUSM: Dining Area Rent) Of the space currently vacant in the Columbia Mills Building, space large enough for the
28   museum to have dining space for school-aged children shall be provided to the State Museum at no cost.
29
30   SECTION 20 - L32 - HOUSING FINANCE AND DEVELOPMENT AUTHORITY
31
32     20.1. (HFDA: Federal Rental Assistance Administrative Fee Carry Forward) All federal rental assistance administrative fees
33   shall be carried forward to the current fiscal year for use by the authority in the administration of the federal programs under
34   contract with the authority. No state funds are to be used in the administration of these programs.
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 1     20.2. (HFDA: Program Expenses Carry Forward) For the prior fiscal year monies withdrawn from the authority’s various
 2   bond-financed trust indentures and resolutions, which monies are deposited with the State Treasurer to pay program expenses, may
 3   be carried forward by the authority into the current fiscal year.
 4     20.3. (HFDA: Advisory Committee Mileage Reimbursement) Members of the nine member South Carolina Housing Trust
 5   Fund Advisory Committee are eligible for mileage reimbursement at the rate allowed for state employees as established in proviso
 6   72.25(J) (Travel-Subsistence Expenses & Mileage) in this act.
 7
 8   SECTION 21 - P12 - FORESTRY COMMISSION
 9
10      21.1. (FC: Grant Funds Carry Forward) The Forestry Commission is authorized to use unexpended federal grant funds in the
11   current year to pay for expenditures incurred in the prior year.
12      21.2. (FC: Retention of Emergency Expenditure Refunds) The Forestry Commission is authorized to retain all funds received
13   as reimbursement of expenditures from other state or federal agencies when personnel and equipment are mobilized due to
14   an emergency.
15      21.3. (FC: Commissioned Officers’ Physicals) The Forestry Commission is authorized to pay the cost of physical examinations
16   for agency personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
17
18   SECTION 22 - P16 - DEPARTMENT OF AGRICULTURE
19
20      22.1. (AGRI: Market Bulletin) The Market Bulletin shall be mailed only to those persons who request it in writing and a record
21   of each request shall be maintained by the department. Provided further, that notwithstanding any other provision of law, the
22   Department of Agriculture is authorized to charge a yearly subscription rate of $10.00 to each person requesting the bulletin and
23   may charge up to $5.00 per classified advertisement printed in the bulletin. The funds collected pursuant to this provision shall be
24   retained by the department to defray the costs of publication and related incidental expenses.
25      22.2. (AGRI: Fruit/Vegetable Inspectors Subsistence) A daily subsistence allowance of up to $30.00 may be allowed for
26   temporarily employed fruits and vegetables inspectors from funds generated by fruits and vegetables inspection fees and budgeted
27   under other funds in Program IV Marketing Services, D. Inspection Services, in lieu of reimbursements for meals and lodging
28   expense.
29      22.3. (AGRI: Commodity Boards Expenditures) Expenditures made for the various Commodity Boards (as budgeted under
30   other funds in Program IV.B. Marketing Services: Commodity Boards) are exempt from regulations under the Procurement Act of
31   1981.
32      22.4. (AGRI: Seed Licenses) Notwithstanding any other provision of law, the department shall charge, for the licenses it issues
33   pursuant to Section 46-21-40, a minimum fee of twenty-five dollars ($25.00), and a maximum fee of one hundred fifty dollars
34   ($150.00). The department shall institute a graduated fee schedule between these minimum and maximum fees, which schedule
35   shall be based on the per year dollar volume of the gross business receipts of the applicant. The department shall retain any
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 1   revenue collected pursuant to this provision to defray the costs of printing, mailing and inspections and to pay the costs of leasing
 2   the Florence Farmer’s Market from Clemson University.
 3      22.5. (AGRI: Specialty Crop Grant Indirect Cost Waiver) Notwithstanding any other provision of law, the Department of
 4   Agriculture is granted a waiver of the remittance of indirect cost recoveries for the Specialty Crop Grant (H.R. 2213, Section 7)
 5   supported by the United States Department of Agriculture through the Commodity Credit Corporation.
 6      22.6. (AGRI: Warehouse Receipts Guaranty Fund) The Department of Agriculture may retain and expend fifty thousand dollars
 7   from the Warehouse Receipts Guaranty Fund established by Section 39-22-150 of the 1976 Code as is necessary for the department
 8   to administer the funding of the program.
 9      22.7. (AGRI: Weights & Measurer Registration) All servicepersons required to be registered with the Department of
10   Agriculture pursuant to the provisions of Section 39-9-65 of the 1976 Code of Laws shall pay to the department a registration fee
11   of $25.00. Revenues generated by this provision shall be for use by the Department of Agriculture to offset expenses incurred in
12   administering this registration program.
13      22.8. (AGRI: Private Sector Calibrations) Notwithstanding any other provision of law, the Department of Agriculture shall
14   charge a fee of $45.00 an hour based on a fee schedule for all calibrations performed for private sector entities by the Metrology
15   Laboratory authorized by Section 39-9-68(3) of the 1976 Code of Laws. Revenues generated by these fees shall be for use by the
16   Department of Agriculture to offset expenses incurred in operating the Metrology Laboratory.
17      22.9. (AGRI: Sale of Property Revenue) The department may retain revenues associated with the sale of the property titled to
18   or utilized by the department, except for the State Farmers Market property, and must expend these funds on capital improvements
19   approved by the Joint Bond Review Committee and the Budget and Control Board. The department must continue to occupy any
20   property until replacement capital improvements are completed.
21      22.10. (AGRI: Farmers Market Revenue) The revenues associated with the sale of the State Farmers Market shall be deposited
22   into a separate restricted special account under the authority of the Budget and Control Board. Interest accrued on this account
23   must remain in this account. These funds may only be expended for relocating the State Farmers Market after approval by the
24   Joint Bond Review Committee and the State Budget and Control Board.
25      22.11. (AGRI: Export Certification) The Department of Agriculture is allowed to charge up to $250 for each export certification
26   of agricultural products and to retain revenues to offset expenses incurred in performing certifications.
27      22.12. (AGRI: Grain Handlers Guaranty Fund) The Department of Agriculture may retain and expend one hundred thousand
28   dollars of the interest from the Grain Handlers Guaranty Fund established by Section 46-41-230 of the 1976 Code as is necessary
29   for the department to administer the funding of the program.
30      22.13. (AGRI: Marketing Services/Metrology Lab) The department is authorized to expend up to $850,000 of funds in a special
31   account with the State Budget and Control Board derived from the sale of the Columbia State Farmers Market to be used by the
32   department for the construction of a Department of Agriculture Marketing Services building at the relocated Columbia State
33   Farmers Market. The department may retain up to $875,000 from the sale of the department’s Columbia Metrology Lab building
34   and property for the construction of a replacement Columbia Metrology Lab building at the relocated State Farmers Market.
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 1     22.14. (AGRI: Feed Label Registration) The Department of Agriculture is authorized to require the annual registration of feed
 2   labels by manufacturers and to charge a fee of $15.00 for such registrations. Revenues generated by these fees shall be retained
 3   and used by the department to offset expenses incurred in operating the Feed Inspection Program.
 4
 5   SECTION 23 - P20 - CLEMSON UNIVERSITY - PSA
 6
 7      23.1. (CU-PSA: Phytosanitary Certificates) Revenues collected from the issuance of phytosanitary certificates shall be retained
 8   by the Division of Regulatory and Public Service for the purpose of carrying out phytosanitary inspections.
 9      23.2. (CU-PSA: Witness Fee) The Public Service Activities of Clemson University are hereby authorized to charge a witness
10   fee of $100.00 per hour up to $400.00 per day for each employee testifying as an expert witness in civil matters which do not
11   involve the State as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation
12   or reimbursement for judicial appearances and deposited into a designated revenue account.
13      23.3. (CU-PSA: Nursery/Nursery Dealer Registration Fee) The Division of Regulatory and Public Service Programs is
14   authorized to retain up to $92,000 of revenue collected from the issuance of Nursery/Nursery Dealer Fees for the purpose of
15   carrying out nursery/nursery dealer inspections. Revenue collected from this fee above $92,000 shall be deposited into the general
16   fund.
17      23.4. (CU-PSA: Fee Increase) Notwithstanding any other provision of law, beginning FY 2001-2002, the Division of
18   Regulatory and Public Service is authorized to increase the fertilizer, lime, and soil amendments registration fees; pesticide
19   licensing fees; seed certification fees; and fertilizer inspection fees not to exceed twice the amount of the fee schedules set in FY
20   2000-2001.
21      23.5. (CU-PSA: Spring Dairy Exhibition) From the funds appropriated in Part IA, Clemson University-PSA is authorized to
22   provide up to $75,000 to fund the Clemson University Spring Dairy Exhibition program.
23      23.6. (CU-PSA: Retention of Fees) All revenues collected from the regulatory programs of agrichemical, plant industry and
24   crop protection including: fertilizer, lime, and soil amendments registration fees; pesticide licensing fees; seed certification fees;
25   and fertilizer tax/inspection fees must be retained by Clemson University PSA regulatory programs.
26      23.7. (CU-PSA: Pesticide Registration) All revenues collected from pesticide registration fees and revenue collected from
27   structural pest control businesses for business licensing must be retained by Clemson University PSA Regulatory and Public
28   Service Programs to support general regulatory, enforcement, and education programs and to carry out provisions of the S.C.
29   Pesticide Control Act and regulations related to it.
30      23.8. (CU-PSA: Sandhills Revenue) The funds retained by Clemson University PSA from the sale of the property at the
31   Sandhills Research and Education Center shall be used to construct the new Sandhills facilities and provide endowments as
32   approved by the Clemson Board of Trustees and the Budget and Control Board. These funds are not to be used to offset base
33   budget reductions in Fiscal Year 2004-2005.
34
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 1   SECTION 24 - P24 - DEPARTMENT OF NATURAL RESOURCES
 2
 3      24.1. (DNR: County Funds) Funds belonging to each of the counties of the State, now on hand or hereafter accruing to the
 4   counties, shall be expended on approval of a majority of the respective county delegation, including the resident senator or
 5   senators, if any. An annual accounting for all such funds and expenditures shall be furnished by the department to each member of
 6   each county delegation; it being the intent of the General Assembly that the appropriations made in this section are conditioned
 7   upon compliance with this requirement. In addition to the annual accounting required above, the department shall make a proposal
 8   for expenditures of such funds in the succeeding fiscal year in each county to the members of the respective county legislative
 9   delegation, including the resident senator or senators, if any; and upon approval thereby shall proceed with the use of such funds in
10   compliance with the finalized and approved plan as approved by each legislative delegation. If no plan is approved, the
11   expenditure of such funds is to be administered as determined by the various legislative delegations.
12      24.2. (DNR: County Game Funds/Equipment Purchase) Any equipment purchased by the department from county game funds
13   on approval of a majority of a county delegation, including the resident senator or senators, if any, shall remain in that county upon
14   the request of a majority of the respective county delegation, including the resident senator or senators, if any, and if sold by the
15   department, the proceeds of such sale shall be credited to such county game fund. Expenditures from the County Game Fund and
16   the Water Recreation Resource Fund which have the approval of the county delegation shall be exempt from the provisions of Act
17   651 of 1978, as amended.
18      24.3. (DNR: Armed Forces Fishing/Hunting License) Any member of the armed forces of the United States who is a resident of
19   South Carolina stationed outside of the state, shall upon presentation of his official furlough or leave papers, be allowed to fish or
20   hunt without purchasing a fishing or hunting license.
21      24.4. (DNR: Publications Revenue) For the current fiscal year all revenue generated from the sale of the “South Carolina
22   Wildlife” magazine, its by-products and other publications, shall be retained by the department and used to support the production
23   of same in order for the magazine to be self-sustaining. In addition, the department is authorized to sell advertising in the
24   magazine and to increase the magazine’s subscription rate, if necessary, to be self-sustaining. No general funds may be used for
25   the operation and support of the “South Carolina Wildlife” magazine.
26      24.5. (DNR: Casual Sales Tax Collection) The Department of Natural Resources shall continue to collect the casual sales tax as
27   contained in the contractual agreement between the Department of Revenue and the Department of Natural Resources and the State
28   Treasurer is authorized to reimburse the department on a quarterly basis for the actual cost of collecting the casual sales tax and
29   such reimbursement shall be paid from revenues generated by the casual sales tax.
30      24.6. (DNR: Proportionate Funding) Each of South Carolina’s 46 soil and water conservation districts shall receive a
31   proportionate share of funding set aside for Aid to Conservation Districts at $12,000 per district for general assistance to the
32   district’s program. Available funding above $12,000 for each district will be apportioned by the Department of Natural Resources
33   based upon local needs and priorities as determined by the board. No district shall receive any funds under this provision unless
34   the county or counties wherein the district is located shall have appropriated no less than three hundred dollars to the district from
35   county funds for the same purposes.
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 1      24.7. (DNR: Carry Forward - Contract for Goods & Services) If any funds accumulated by the Department of Natural
 2   Resources Geology Program, under contract for the provision of goods and services not covered by the department’s appropriated
 3   funds, are not expended during the preceding fiscal years, such funds may be carried forward and expended for the costs associated
 4   with the provision of such goods and services.
 5      24.8. (DNR: Revenue Carry Forward) The department may collect, expend, and carry forward revenues derived from the sale
 6   of goods and services in order to support aerial photography, map services, climatology data, and geological services. The
 7   department shall annually report to the Senate Finance and Ways and Means Committees the amount of revenue generated from
 8   the sale of these goods and services.
 9      24.9. (DNR: Clothing Allowance) The Department of Natural Resources is hereby authorized to provide Natural Resource
10   Enforcement Officers on special assignment with an annual clothing allowance (on a prorata basis) not to exceed $600 per officer
11   for required clothing used in the line of duty.
12      24.10. (DNR: Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical examinations for
13   department personnel who are required to receive such physical examinations prior to receiving a law enforcement commission.
14      24.11. (DNR: Interest - License Fees) Interest earned by the State Treasurer on all hunting and fishing license fees collected by
15   the Department of Natural Resources must be credited to and expended by the department for the protection, promotion,
16   propagation, and management of fish and wildlife, and the enforcement of related laws.
17      24.12. (DNR: Shrimp Baiting Enforcement) The department shall allocate additional enforcement efforts during the sixty (60)
18   day shrimp baiting period to assist existing law enforcement personnel in monitoring and enforcement of the shrimp baiting laws.
19   Further, expenditures for other than law enforcement should not exceed thirty percent (30%) of the annual collections from the sale
20   of shrimp baiting permits.
21      24.13. (DNR: Water Recreation Fund and County Game and Fish Fund) Funds collected during the current fiscal year by the
22   Department of Natural Resources for the Water Recreation Fund and for that portion of the county game and fish fund derived
23   from licenses and fees must be retained by the department and used for the stated purposes of the respective funds, and may not be
24   used by the department to offset base-budget reductions for the current fiscal year. In addition to all other uses allowed by statute,
25   the department may use the Water Recreational Resource Funds of a county for the purchase of boats, boat trailers, motors, and
26   boating safety equipment used for law enforcement and rescue, with the recommendation of the county delegation.
27      24.14. (DNR: Grass Carp Testing Recoupment Fee) The Department of Natural Resources shall charge and retain a fee of one
28   dollar per fish for fish five (5) inches or longer and a fee of twenty-five cents ($0.25) for fish less than five (5) inches to recoup the
29   cost of certification testing of Triploid Grass Carp to assure that such fish are sterile before they can be imported into the State.
30      24.15. (DNR: Hunting License Fees) For the current fiscal year, the fee:
31        (1) for the combination hunting and fishing license issued pursuant to Section 50-9-510(3) of the 1976 Code is increased from
32   twenty to twenty-five dollars;
33        (2) for the nonresident statewide license issued pursuant to Section 50-9-510(6) is increased from one hundred to one hundred
34   twenty-five dollars;
35        (3) for the ten consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(7) of the
36   1976 Code is increased from fifty to seventy-five dollars;
                                                                                                                               PAGE 435

 1        (4) for the three consecutive days regular hunting season license for a nonresident issued pursuant to Section 50-9-510(8) of
 2   the 1976 Code is increased from twenty-five to forty dollars; and
 3        (5) for the big game nonresident permit issued pursuant to Section 50-9-510(10) of the 1976 Code, the fee is increased from
 4   eighty-nine to one hundred dollars.
 5      24.16. (DNR: Intellectual Property) The Department shall develop a comprehensive written policy providing for the treatment
 6   on intellectual property accruing to the Department in the area of shrimp disease and culture. This policy must address the
 7   following issues: definitions, coverage and disclosure requirements, ownership, dispute resolution procedures, obtaining of patents
 8   and copyrights, incentives, transfer or sales or research results, promotion and licensing, use of proceeds, and release of ownership
 9   rights. Upon adoption and implementation, the Department, consistent with the policy, may sell or license intellectual property
10   owned by the Department, upon approval of the Budget and Control Board. The net proceeds or annual net royalties, excluding
11   any expenses including research and development, patent, licensing and litigation from intellectual property owned by the
12   Department shall be apportioned and paid over by the Department according to the following schedule: Inventor 15%; State
13   General Fund 85%. Proceeds apportioned and paid over to the Department shall be used by the Department for scientific research
14   and education for the enhancement, management, and protection of natural resources in the State.
15      24.17. (DNR: Sale of Existing Offices) After receiving approval from the Budget and Control Board for the sale of property,
16   the Department of Natural Resources is authorized to retain all funds from the sale of existing offices for the improvement,
17   consolidation and/or establishment of regional hub offices.
18      24.18. (DNR: Interstate Water Negotiations and Savannah River Basin Compact Study) From funds appropriated in Part IA,
19   Section 24 of this act, the director of the department shall provide for expenses associated with technical and legal consultants in
20   order for the department to continue discussions with the Director of the Georgia Department of Natural Resources and other
21   appropriate state and federal agencies in South Carolina and Georgia for the purpose of considering the creation of an interstate
22   compact between South Carolina and Georgia concerning the Savannah River basin and for developing legislation for that purpose.
23   The director of the department shall concurrently ensure that as the State takes positions in the Federal Energy Regulatory
24   Commission relicensing procedures on the Yadkin/Pee Dee and Catawba Rivers, they are well founded and consistent with the
25   State’s positions on the Savannah River. The study shall include, but not be limited to, the consideration of current state river basin
26   compact laws, published reports on the Savannah River basin, impacts of removal of water from the basin in both the State of
27   South Carolina and the State of Georgia, as well as water quantity, water quality, ecological, economic, agricultural, and
28   recreational uses of the basin. The study will allow for input from parties interested in the long-term management of the Savannah
29   River basin. The director of the department shall prepare a report on the expenditure of these funds and shall submit it to the
30   Senate Finance Committee and the House Ways and Means Committee by June 30, 2007.
31
32   SECTION 25 - P26 - SEA GRANT CONSORTIUM
33
34      25.1. (SGC: Publications Revenue) Funds generated by the sale of pamphlets, books, and other promotional materials, the
35   production of which has been paid for by non-state funding, may be deposited in a special account by the consortium and utilized
36   as other funds for the purchase of additional pamphlets, books, and other promotional materials for distribution to the public.
                                                                                                                         PAGE 436

 1
 2   SECTION 26 - P28 - DEPARTMENT OF PARKS, RECREATION AND TOURISM
 3
 4      26.1. (PRT: Canadian Day) The department when expending the $85,000 appropriation herein contained for a Canadian
 5   promotion shall designate one day of such promotion as “Canadian Day” and notwithstanding any other provision of law, all
 6   Canadians shall be allowed admittance to state parks and use of park camping facilities on Canadian Day free of charge.
 7      26.2. (PRT: Tourism and Promotion) The funds appropriated in Program I.C. this Act for Regional Promotions, shall be
 8   distributed equally to the eleven Regional Tourism groups, except that the Grandstrand Tourism Region’s funds shall be divided,
 9   with one hundred forty thousand dollars ($140,000) eighty percent of the dollars distributed to the Myrtle Beach Chamber of
10   Commerce and thirty-five thousand dollars ($35,000) twenty percent of the dollars distributed to the Georgetown Chamber of
11   Commerce for tourism related activities. The Myrtle Beach Chamber of Commerce and the Georgetown Chamber of Commerce
12   shall submit a report to the Senate Finance Committee and the House Ways and Means Committee by December 1st each year
13   describing how these funds were expended in the prior fiscal year.
14      26.3. (PRT: PARD Prior Year Expenditures) The Department of Parks, Recreation and Tourism shall be authorized to expend
15   restricted funds in the current fiscal year, for Parks and Recreation Development Fund (PARD) grant reimbursement payment
16   expenditures incurred in the prior fiscal year.
17      26.4. (PRT: Park Fee Structure) Notwithstanding Section 51-3-60 of the 1976 Code, in order to maintain the fiscal soundness
18   and continued maintenance and operations of the State Park System, the Department of Parks, Recreation and Tourism is directed
19   to maintain the adjustments in the fee structure implemented in September 2003 as a result of the study directed in the previous
20   year by the General Assembly, however, residents listed in Section 51-3-60 may not be given discounts of less than 35% for the
21   services listed. Members of the SC National Guard shall be given the same discounts for the State Park System as the residents
22   listed in Section 51-3-60.
23      26.5. (PRT: Litter Control) There is established PalmettoPride, an eleemosynary, nonprofit corporation organized pursuant to
24   Chapter 31 of Title 33 and Section 501(c)(3) of the Internal Revenue Code, which is authorized to coordinate and implement
25   statewide and local programs for litter control.
26      PalmettoPride shall be governed by a board of directors composed of nine members to be appointed as follows: three members
27   must be appointed by the Governor; three Senators must be appointed by the President Pro Tempore of the Senate; and three
28   Representatives must be appointed by the Speaker of the House of Representatives. The members of the board shall elect the
29   chairman of the board to serve a four-year term as a voting board member. The current board chairman, as established by the
30   Governor’s Executive Order No. 99-20 (May 5, 1999) and reconfirmed by the letter from the Governor dated October 23, 2003,
31   shall serve a four-year term as chairman beginning with the effective date of this act.
32      The board members shall serve terms of four years. A vacancy that occurs on the board must be filled by appointment by the
33   Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the
34   remainder of the unexpired term.
35      The Chairman of the Board is authorized to make all personnel decisions to include the hiring of any necessary staff for the
36   operation of PalmettoPride, including an Executive Coordinator. The coordinator shall submit an annual budget for the operation
                                                                                                                               PAGE 437

 1   of PalmettoPride to the board of directors. The board of directors shall approve, disapprove, amend, or modify the budget
 2   recommended by the Executive Coordinator.
 3      PalmettoPride may accept gifts, bequests, and grants from any person or foundation, and may also may receive and expend
 4   public funds appropriated to it or authorized by the General Assembly. Monies authorized and/or appropriated in Part IA, Section
 5   26, of this act, designated to the PalmettoPride-Litter Control Program pursuant to Section 14-1-208(10) must not be transferred or
 6   used for a purpose other than PalmettoPride-Litter Control. Unexpended funds must be carried forward and used only for
 7   authorized purposes.
 8      26.6. (PRT: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be released
 9   to local subdivisions or nonprofit organizations for travel and tourism industry purposes only upon the approval of the Grants
10   Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In
11   addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
12      26.7. (PRT: State Park Privatization Approval) Before the department may enter into a final contract to privatize all or a portion
13   of Cheraw State Park or Hickory Knob State Park, approval of the majority of the General Assembly must be obtained, in addition
14   to the approval of the State Budget and Control Board.
15      26.8. (PRT: Destination Specific Tourism Marketing) From the funds appropriated in Part IA, Section 26, this Act for the
16   Tourism and Sales Marketing program, the department shall use not less than $5,000,000 $10,000,000 for a destination specific
17   tourism marketing grant program. The minimum grant awarded by this program shall be $250,000. Each state dollar must be
18   matched with two dollars of private funds. An organization receiving a state grant must certify that, as of the date of the
19   application: (i) the private funds are new dollars specifically designated for the purpose of matching state funds; (ii) the private
20   funds have not been previously allocated or designated for tourism-related destination marketing; (iii) the organization has on hand
21   or has an approved line of credit of not less than the amount of private funds needed to provide the required match. Organizations
22   applying for a grant must include in the grant application, information on how the organization proposes to measure the success of
23   the marketing and public relations program, including the estimated return on investment to the state. Promotional programs
24   proposed by an applicant must be based on research-based outcomes. Grants must be made only to organizations that have a
25   proven record of success in creating and sustaining new and repeat visitation to its area and must have sufficient resources to
26   create, plan, implement, and measure the marketing and promotional efforts undertaken as a part of the program. The department
27   must award a grant only to one qualified destination marketing organization within their tourism region where the organization’s
28   private funds are raised. An organization receiving a grant must use the public and private funds only for the purpose of
29   destination specific marketing and public relations designed to stimulate destination travel by persons outside the state to
30   destinations within the state. All grants that qualify under the program must be funded if funds are available. Funding of all
31   qualified grants will be on a first come first served basis with such basis retained throughout the term of this proviso. No
32   organization shall receive in the first quarter more than fifty percent of the state dollars allocated to the program. If by the end of
33   the third quarter matching funds are still available with no other organizations meeting the criteria for funding, the funds will be
34   distributed to the organization or organizations that have and can meet all of the requirements of this proviso. Grant recipients
35   shall provide an annual report by November 1, to the Chairmen of the Senate Finance Committee and the House Ways and Means
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 1   Committee and the director of the Department of Parks, Recreation and Tourism on the expenditure of the grants funds and on the
 2   proposed outcome measures.
 3     26.9. (PRT: H. Cooper Black Field Area) In the event funding is provided for the H. Cooper Black Field Trial Recreation Area,
 4   the Department of Parks, Recreation and Tourism is directed to work with the Department of Natural Resources and the South
 5   Carolina Forestry Commission to develop a Memorandum of Understanding for joint operations of the H. Cooper Black Field Trial
 6   and Recreation Area. Agencies shall submit a finalized Memorandum of Understanding to the Senate Finance and House Ways
 7   and Means Committees by November 1, 2006.
 8     26.10. (PRT: Advertising Funds Carry Forward) The Department of Parks, Recreation & Tourism may carry forward any
 9   unexpended funds appropriated on the Advertising line within Program II. A. Tourism Sales and Marketing from the prior fiscal
10   year into the current fiscal year to be used for the same purposes which include the Tourism Partnership Fund, Destination
11   Specific Marketing Grants and the agency advertising fund.
12
13   SECTION 27 - P32 - DEPARTMENT OF COMMERCE
14
15      27.1. (CMRC: Development - Publications Revenue) The proceeds from the sale of publications may be retained in the
16   agency’s printing, binding, and advertising account to offset increased costs.
17      27.2. (CMRC: Economic Dev. Coordinating Council - GIS Carry Forward) From the amount set aside in Section 12-28-2910,
18   the council is authorized to use up to $60,000 to support the Geographic Information Systems (GIS) program for actual operating
19   expenses in support of business recruitment and retention, as approved by council. Any balance on June 30 of the prior fiscal year
20   may be carried forward and expended for the same purposes in the current fiscal year.
21      27.3. (CMRC: Aeronautics - Reimbursement for Services Carry Forward) The Division of Aeronautics may retain and expend
22   reimbursements derived from charges to other government agencies for service and supplies for operating purposes and that a
23   reserve not to exceed $300,000 may be carried forward to the current fiscal year for the replacement of time limit aircraft
24   components.
25      27.4. (CMRC: Aeronautics - Office Space Rental) Revenue received for rental of office space may be retained and expended to
26   cover the cost of building operations.
27      27.5. (CMRC: Aeronautics - Funding Sequence) All General Aviation Airports will receive funding prior to the four air carrier
28   airports (i.e. Columbia, Charleston, Greenville-Spartanburg, Myrtle Beach Jetport) as these qualify for special funding under the
29   DOT/FAA appropriations based on enplanements in South Carolina. This policy may be waived to provide matching state funds
30   for critical FAA safety or capacity projects at air carrier airports.
31      27.6. (CMRC: Aeronautics - Hangar/Parking Facilities) The Division of Aeronautics will provide hangar/parking facilities for
32   government owned and/or operated aircraft on a first come basis. Funds shall be retained by the division for the purpose of hangar
33   and parking facility maintenance. The Hangar Fee Schedule shall be determined by the division and shall not exceed local average
34   market rates.
35      Personnel from the agencies owning and/or operating aircraft will be responsible for ground movement of their aircraft.
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 1      27.7. (CMRC: Aeronautics - Airport Development) Any line item appropriation for airports shall be disbursed for eligible
 2   airport development items as approved by the division.
 3      27.8. (CMRC: Aeronautics - Clothing Allowance) The Division of Aeronautics is hereby authorized to provide pilots with an
 4   annual clothing allowance (on a pro rata basis) not to exceed $400 per pilot for required clothing used in the performance of their
 5   primary duty.
 6      27.9. (CMRC: Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, for Matching
 7   National Grant Funds, may be carried forward to the current fiscal year and used for matching committed and/or unanticipated
 8   grant funds.
 9      27.10. (CMRC: Carry Forward Sale of Aircraft Proceeds) The Department of Commerce may carry forward proceeds from the
10   sale of aircraft to be used for replacement aircraft and for required Federal Aviation Administration upgrades to existing aircraft.
11      27.11. (CMRC: Aviation Grants) The funds appropriated for Aviation Grants, in this bill or any bill supplemental thereto, shall
12   be credited to the State Aviation Fund within the Division of Aeronautics of the Department of Commerce for the following
13   purposes:
14        (1) to allow the maximization of grant funds available through the Federal Aviation Administration for capital improvement
15   projects; this does not include administration or operational projects;
16        (2) for maintenance projects of general aviation airports; and or
17        (3) for aviation education related programs including, but not limited to, educating young people about careers in the aviation
18   industry and/or the promotion of aviation in general.
19      Sponsors of publicly owned airports for public use are eligible to receive grants pursuant to this provision, but the airport must
20   have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems.
21      The Secretary of Commerce shall promulgate regulations establishing the grants program that, at a minimum, address: (1)
22   priorities among improvements qualifying for grants; (2) an airport selection process to ensure an equitable distribution of funds
23   among eligible airports; and (3) the criteria for distribution of funds among eligible airports.
24      Enabling airport sponsors to meet basic Federal Aviation Administration safety guidelines for obstruction clearance must be a
25   major factor in the priority guidelines established by the Secretary of Commerce pursuant to this provision. The Secretary also
26   shall have discretion consistent with Section 55-5-170 to establish a program to grant Aviation Fund dollars for these purposes at
27   the ratio of eighty percent from the fund to twenty percent from the local airport sponsor, or any ratio with a smaller relative
28   contribution from the fund.
29      A report on the expenditure of these funds shall be submitted to the Senate Finance Committee and the House Ways and Means
30   Committee.
31      Notwithstanding any other provision of law, unspent funds from the prior fiscal year may be carried forward to the current fiscal
32   year and spent for like purposes.
33      27.12. (CMRC: Coordinating Council Funds) Notwithstanding any other provision of law, from the amount set aside pursuant
34   to Section 12-28-2910 of the 1976 Code, the council is authorized to expend funds which were not obligated or committed as of
35   July 1 of the current fiscal year only as necessary for the location or expansion of an industry or business facility in South Carolina.
36   Eligible expenditures include water/sewer projects, road or rail construction/improvement projects, land acquisition, fiber-optic
                                                                                                                           PAGE 440

 1   cable, relocation of new employees for technology intensive and research and development facilities as defined in South Carolina
 2   Code Section 12-6-3360, and site preparation. Site preparation is defined as surveying, environmental and geo-technical study and
 3   mitigation, clearing, filling, and grading. The Coordinating Council shall annually prepare a detailed report each year for
 4   submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding
 5   calendar year. Such report shall include an identification of the following information: (a) company name or confidential project
 6   number; (b) location of the project; (c) amount of grant award; and (d) scope of grant award.
 7      The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor
 8   shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any
 9   purpose other than those listed in this proviso.
10      27.13. (CMRC: Economic Development Coordinating Council - Administrative Expenses) Notwithstanding any other provision
11   of law, the Council: (1) may retain up to five percent of the revenue received by the State Rural Infrastructure Fund for the
12   purposes of meeting administrative, reporting, establishment of grant guidelines, review of grant applications, and other statutory
13   obligations; and (2) may increase the application fee for qualification for the Enterprise Zone Program from two thousand to four
14   thousand dollars of which $500 will be shared with the Department of Revenue and establish annual renewal fees of $500 for the
15   Enterprise Zone and Retraining Programs to be shared equally with the Department of Revenue for the purposes of meeting
16   administrative, data collection, credit analysis, cost-benefit analysis, reporting, and other statutory obligations.
17      27.14. (CMRC: Export Trade Show Funds) Funds collected from South Carolina companies for offsetting costs associated with
18   participation in future trade shows may be carried forward from the prior fiscal year to the current fiscal year and used for that
19   purpose.
20      27.15. (CMRC: Special Events Advisory Committee) The Department of Commerce is required to establish a Special Events
21   Advisory Committee to provide oversight to the department as it relates to the department’s Special Events Fund. The Advisory
22   Committee shall be made up of contributors to the Fund appointed by the Secretary of Commerce and shall consist of no fewer
23   than eight members, including a chairman. The Advisory Committee shall establish guidelines for the use of these funds. The
24   Department of Commerce shall prepare a detailed report and have an independent audit of all expenditures of the fund during the
25   previous calendar year. None of these funds shall be used for operating expenses. The report shall be submitted to the Governor,
26   the Speaker of the House, the President of Pro Tempore of the Senate, the Chairman of the House Ways and Means Committee,
27   and Chairman of the Senate Finance Committee.
28      27.16. (CMRC: SC World Trade Center) Of funds appropriated to the department, $100,000 shall be transferred to the South
29   Carolina World Trade Center.
30      27.17. (CMRC: Development-Rental Revenue) Revenue received from the sublease on non-state owned office space may be
31   retained and expended to offset the cost of the department’s leased office space.
32      27.18. (CMRC: Development-Ad Sales Revenue) The department may charge a fee for ad sales in department authorized
33   publications and may use these fees to offset the cost of printing and production of the publications. Any revenue generated above
34   the actual cost shall be remitted to the General Fund.
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 1      27.19. (CMRC: Foreign Offices) The Secretary of Commerce shall be authorized to appoint the staff of the department’s
 2   foreign offices on a contractual basis on such terms as the Secretary deems appropriate, subject to review by the Office of Human
 3   Resources of the Budget and Control Board.
 4      27.20. (CMRC: Funding For I-73 & I-74) Of the funds authorized for the Coordinating Council Economic Development,
 5   $500,000 shall be made available for the routing, planning and construction of I-73 and $500,000 shall be made available for the
 6   routing, planning, and construction of I-74.
 7      27.21. (CMRC: Reimbursement of Expenditures) Any reimbursements of expenditures in prior fiscal years related to
 8   infrastructure costs for the ICAR project shall be retained by the department for repayment of funds previously used for the ICAR
 9   project.
10      27.22. (CMRC: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Commerce may have
11   an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State
12   Auditor’s Office and will be in accordance with generally accepted accounting principles and must comprise all financial records
13   and controls. This audit must be completed by November 1 following the close of the fiscal year.
14      27.23. (CMRC: Competitive Grants) Of funds appropriated to the department for Competitive Grants, these funds may be
15   released to local subdivisions or nonprofit organizations for economic development purposes only upon the approval of the Grants
16   Committee of the Budget and Control Board. The agency is prohibited from transferring these funds to other programs. In
17   addition, the agency may not withhold these funds for purposes of delaying or deferring approval by the Grants Committee.
18      27.24. (CMRC: Coordinating Council - Rural Infrastructure Funds) The Department of Commerce Coordinating Council is
19   hereby authorized to carry forward committed and uncommitted funds from the State Rural Infrastructure Fund, for the authorized
20   purposes as specified in its legislation.
21      27.25. (CMRC: Job Development Credits) Any company that received approval for Job Development Credits in January 2005
22   shall have the option of using the prior year’s county classification for purposes of obtaining the Job Development Credits.
23      27.26. (CMRC: World Trade Center) Of the funds appropriated to the department for the SC World Trade Park and Education
24   Center, these funds shall not be transferred to any other program within the department for any other purpose.
25      27.27. (CMRC: Motion Picture Rebate) From the amount set aside pursuant to Section 12-62-50, the South Carolina Film
26   Commission may rebate to a motion picture production company, up to twenty percent of the total aggregate South Carolina
27   payroll for persons subject to South Carolina income tax withholdings employed in connection with the production. From the
28   amount set aside pursuant to Section 12-62-60, the South Carolina Film Commission may rebate to a motion picture production
29   company up to thirty percent of the expenditures made by the motion picture production company in the State. Motion picture
30   production companies that have previously been approved at the lower percentages may reapply for the higher percentages only if
31   the project that was approved is still in production in South Carolina as of the effective date of this proviso.
32      27.28. (CMRC: WIA Prior Year Payments) The Department of Commerce shall be allowed to pay Workforce Investment Act
33   prior-year obligations with current year funds.
34      27.29. (CMRC: Natural Gas Supply Study) From the funds appropriated to the Department of Commerce in Part IA, Section
35   27, of this act, the department must provide up to $2,500 to cover the costs for the completion of a natural gas supply study should
36   such a study be authorized by a Joint Resolution of the General Assembly during the 2006 legislative session.
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 1       27.30. (CMRC: County Industrial Utility Infrastructure Grant Program) From Coordinating Council for Economic
 2   Development funds appropriated to the department for the current fiscal year, $1,500,000 must be set aside in a special account
 3   titled “County Industrial Utility Infrastructure Grant Program.” A county is eligible for a grant only if the project is to assist with
 4   an existing or planned utility infrastructure project in an industrial park located within five miles of interstates 20, 26, 73, 77, 85,
 5   95, or any of their spurs, and if the county unemployment rate is 10.0% or higher for the most recent month as published by the SC
 6   Employment Security Commission. The department shall develop the process and application forms for the program. The
 7   department shall hold all applications until June 15 of the current fiscal year. At that time following the receipt of the application
 8   from the eligible counties and upon approval by the Coordinating Council for Economic Development, grants shall be awarded pro
 9   rata to the eligible counties.
10      27.31. (CMRC: Closing Fund) In order to encourage and facilitate economic development, the $7,000,000 appropriated for the
11   Closing Fund for competitive recruitment purposes shall be used as approved by the Coordinating Council for Economic
12   Development. Any unexpended balance on June 30, of the prior fiscal year may be carried forward and expended in the current
13   fiscal year by the Department of Commerce for the same purposes.
14       27.32. (CMRC: Film Marketing) From the funds authorized to the Department of Commerce in Section 27, Part IA, Program
15   II.B. of this act, the department may use the film marketing funds for the following purposes: 1) to allow for assistance with
16   recruitment and infrastructure development of the film industry; 2) to develop a film crew base; 3) to develop ally support in the
17   film industry; and 4) marketing and special events.
18       27.33. (CMRC: Motion Picture Administration Application Fee) The Coordinating Council for Economic Development may
19   charge an application fee for the Motion Picture Incentive programs and may retain and expend these funds for the purposes of
20   meeting administrative, data collection, credit analysis, cost-benefit analysis, reporting and auditing, and other statutory
21   obligations. A fee schedule must be established and approved by the Coordinating Council for Economic Development.
22       27.34. (CMRC: Community Development Corporation Carry Forward) The Department of Commerce is hereby authorized to
23   carry forward committed and uncommitted funds from the funds appropriated to the Community Development Corporation
24   Initiative.
25       27.35. (CMRC: Aeronautics Grant Match Funds) The funds appropriated to the Division of Aeronautics for FAA grant
26   matching, may be used to match state and local aviation airports projects whether or not they have received FAA funding. Any
27   funds must be approved by the Aeronautics Commission prior to being awarded.
28
29   SECTION 29A - P40 - S.C. CONSERVATION BANK
30
31     29A.1. (CB: Conservation Bank Trust Fund) All revenues designated for the South Carolina Conservation Bank pursuant to
32   Sections 12-24-95 and 12-24-97 of the 1976 Code must be credited to the South Carolina Conservation Bank Trust Fund.
33
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 1   SECTION 30 - B04 - JUDICIAL DEPARTMENT
 2
 3      30.1. (JUD: Prohibit County Salary Supplements) County salary supplements of Judicial Department personnel shall be
 4   prohibited.
 5      30.2. (JUD: County Offices For Judges) Every county shall provide for each circuit and family judge residing therein an office
 6   with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges of the Court of
 7   Appeals upon their request.
 8      30.3. (JUD: Commitments to Treatment Facilities) The appropriation for continued implementation of Article 7, Chapter 17, of
 9   Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code, relating to
10   commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of alcohol and drug abuse
11   treatment, shall be expended for the compensation of court appointed private examiners, guardians ad litem, and attorneys for
12   proposed patients, and related costs arising from the filing, service and copying of legal papers and the transcription of hearings or
13   testimony. Court appointed private examiners, guardians ad litem and attorneys shall be paid at such rates or schedules as are
14   jointly determined to be reasonable by the South Carolina Association of Probate Judges, the State Court Administrator, and the
15   South Carolina Department of Mental Health with the approval of the Attorney General. The Judicial Department shall notify the
16   Senate Finance Committee and the House Ways & Means Committee of any fee adjustment or change in schedule before
17   implementation.
18      30.4. (JUD: Judicial Commitment) Except as otherwise provided in Section 72.5, no money appropriated pursuant to Item VI,
19   Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem, or
20   attorneys nor shall such funds be used in payment to any state agency for providing such services by their employees.
21      30.5. (JUD: Judicial Expense Allowance) Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and
22   Circuit Court Judge and any retired judge who receives payment for performing full-time judicial duties pursuant to Section
23   9-8-120 of the South Carolina Code of Laws, shall receive five hundred dollars per month as expense allowance.
24      30.6. (JUD: Special Judge Compensation) In the payment of funds from “Contractual Services”, and “Administrative Fund”,
25   that no special judge shall be paid for more than a two week term within a fiscal year except that this restriction will not apply in
26   case of an ongoing trial.
27      30.7. (JUD: Advance Sheet Revenues Deposit) The Judicial Department shall retain any advance sheet revenues collected
28   above the amount remitted to the general fund in FY 01-02 and shall deposit such revenue into a special revenue account and
29   expend these funds for the production and distribution of same.
30      30.8. (JUD: BPI/Merit) Judicial employees shall receive base and average merit pay in the same percentages as such pay are
31   granted to classified state employees.
32      30.9. (JUD: Supreme Court Bar Admissions) Any funds collected from the Supreme Court Bar Admissions Office in excess of
33   the amount required to be remitted to the general fund may be deposited into an escrow account with the State Treasurer’s Office.
34   The department is authorized to receive, expend, retain, and carry forward these funds.
35      30.10. (JUD: Travel Reimbursement) State employees of the Judicial Department traveling on official state business must be
36   reimbursed in accordance with Section 72.25(J) of this act.
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 1      30.11. (JUD: Interpreters) The funds appropriated in this section for “Interpreters” shall be used to offset costs associated with
 2   interpreters appointed in judicial proceedings under Sections 17-1-50, 15-27-155, and 15-27-15. The selection, use, and
 3   reimbursement of interpreters shall be determined under such guidelines as may be established by the Chief Justice of the Supreme
 4   Court. Interpretive services for hearing impaired persons shall be obtained through contract with the South Carolina School for the
 5   Deaf and the Blind, provided that if the Chief Justice determines, for any reason, that adequate services are not available through
 6   the South Carolina School for the Deaf and the Blind, the Judicial Department may secure interpretive services from any qualified
 7   vendor.
 8      30.12. (JUD: Reimbursement Receipt Deposit) Amounts received as payment for reproducing, printing, and distributing copies
 9   of court rules and other department documents shall be retained for use by the department.
10      30.13. (JUD: Surplus Property Disposal) Technology equipment that has been declared surplus may be donated directly to
11   counties for use in court-related activities.
12      30.14. (JUD: Judicial Carry Forward) In addition to the funds appropriated in this section, the funds appropriated for the
13   Judicial Department in the prior fiscal year which are not expended during that fiscal year may be carried forward to be expended
14   in the current fiscal year.
15      30.15. (JUD: Case Management Services) The Judicial Department shall retain revenue generated by charging a fee for
16   technology support services provided to users of the State case management system. These funds may be expended and carried
17   forward to offset the costs of supporting and maintaining the case management system.
18      30.16. (JUD: Magistrates’ Training) From the funds appropriated to the Judicial Department, the department shall provide
19   magistrates annual continuing education on domestic violence, which may include, but is not limited to:
20        (1) the nature, extent, and causes of domestic and family violence;
21        (2) issues of domestic and family violence concerning children;
22        (3) prevention of the use of violence by children;
23        (4) sensitivity to gender bias and cultural, racial, and sexual issues;
24        (5) the lethality of domestic and family violence;
25        (6) legal issues relating to domestic violence and child custody;
26        (7) procedures, penalties, programs, and other issues relating to criminal domestic violence, including social and
27   psychological issues relating to such violence, the vulnerability of victims and volatility of perpetrators, and the court’s role in
28   ensuring that the parties have appropriate and adequate representation;
29        (8) procedures and other matters relating to issuing orders of protection from domestic violence.
30
31   SECTION 32 - E20 - ATTORNEY GENERAL’S OFFICE
32
33      32.1. (AG: Hiring of Attorneys) No department or agency of the State Government shall hire any classified or temporary
34   attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him. All
35   such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise provided by law
36   unless obtaining prior approval by the Budget and Control Board.
                                                                                                                             PAGE 445

 1      32.2. (AG: Engage Attorney on Fee Basis) No department or agency of the State Government shall engage on a fee basis any
 2   attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him. This
 3   shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not exceed two
 4   hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
 5      32.3. (AG: Litigation Expense) Notwithstanding any other provision of law, the Office of the Attorney General may obtain
 6   reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and
 7   agencies in civil and administrative proceedings. These costs may include, but are not limited to, attorney fees or investigative
 8   costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and
 9   personnel costs. Reimbursement of these costs may be obtained by the Office of the Attorney General from the budget of an
10   agency or officer that it is representing or from funds generally appropriated for legal expenses with the approval of the Budget and
11   Control Board.
12      32.4. (AG: Elder and Vulnerable Adults Abuse Reports) The Long Term Care Ombudsman Program and the Adult Protection
13   Services Program shall forward to the Attorney General’s Office reports of abuse, neglect, or exploitation of elders or vulnerable
14   adults as defined pursuant to the Omnibus Adult Protection Act. The Attorney General and these investigative entities shall enter
15   into memoranda of understanding to determine which reports shall be sent to the Attorney General’s Office, the time frame to be
16   met and any other process needed to meet the requirements of this proviso.
17      32.5. (AG: Sexually Violent Predator Act Filing Fees) The State of South Carolina, or a person or entity acting on behalf of the
18   State of South Carolina, is not required to pay filing fees in proceedings brought under Chapter 48 of Title 44, the Sexually Violent
19   Predator Act.
20      32.6. (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions) Notwithstanding the maximum amount allowed in the
21   Complex Criminal Litigation Fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal
22   year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under
23   the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to
24   which the revenue of the fund may be applied.
25      32.7. (AG: Prior Year Expenditures) The Office of the Attorney General is authorized to use unexpended federal funds in the
26   current fiscal year to pay for expenditures incurred in the prior fiscal year.
27      32.8. (AG: Other Funds Carry Forward) Any balance of unexpended funds, not including general fund appropriations, may be
28   carried forward for the operation of the Attorney General’s office.
29      32.9. (AG: Reimbursement for Expenditures) The Office of the Attorney General may retain for general operating purposes,
30   any reimbursement of funds for expenses incurred in a prior fiscal year.
31      32.10. (AG: Donation Carry Forward) All revenue derived from donations received at the Office of the Attorney General shall
32   be retained, carried forward, and expended according to agreement reached between the donor, or donors, and the Attorney
33   General.
34
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 1   SECTION 33 - E21 - PROSECUTION COORDINATION COMMISSION
 2
 3      33.1. (PCC: Solicitor Salary) The amount appropriated in this section for salaries of solicitors shall be paid to each full-time
 4   solicitor.
 5      33.2. (PCC: Solicitor Expense Allowance) Each solicitor shall receive five hundred dollars ($500.00) per month as expense
 6   allowance.
 7      33.3. (PCC: Judicial Circuits State Support) The amount appropriated and authorized in this section for Judicial Circuits (16)
 8   State Support may, upon approval of the commission, be used to fund necessary administrative and personnel costs of the
 9   commission and other expenditures approved by the commission, not to exceed 5% of the appropriation, and the balance thereafter
10   remaining shall be apportioned among the circuits on a per capita basis and based upon the official census of 2000. Payment shall
11   be made as soon after the beginning of each quarter as practical.
12      33.4. (PCC: Solicitor Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, may be carried forward into
13   the current fiscal year and expended for the operation of the solicitor’s office relating to operational expenses.
14      33.5. (PCC: Solicitor’s Office - County Funding Level) It is the intent of the General Assembly that the amounts appropriated
15   for solicitors’ offices shall be in addition to any amounts presently being provided by the county for these services and may not be
16   used to supplant funding already allocated for such services without any additional charges.
17      33.6. (PCC: Worthless Check Unit) A Circuit Solicitor may establish, under his direction and control and with the agreement of
18   the county governing body, a Worthless Check Unit for the purpose of processing worthless checks and to assist the victims of
19   these cases in the collection of restitution. The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for
20   checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater. An amount equal to the allowable administrative
21   costs contained in Section 34-11-70(c) must be added to the fee. All fees, other than court costs and an amount equal to the
22   allowable administrative costs contained in Section 34-11-70(c) which must be remitted to the treasurer for deposit in the county
23   general fund, collected by the Worthless Check Unit in accordance with the fee schedule promulgated under this proviso must be
24   deposited into a fund known as the Worthless Check Fund maintained by the county treasurers of the counties comprising the
25   circuit. All funds collected and deposited in this fund shall be applied first to defray the costs of operation of the Worthless Check
26   Unit with the balance thereof to be used by the Solicitor to pay normal operating expenses of his office. Withdrawals from this
27   account shall be made only at the request of the Solicitor. The funds generated pursuant to this proviso must not be used to reduce
28   the amount budgeted by the county to the Solicitor’s office. The Solicitor shall further maintain an account for the purpose of
29   collection and disbursement of restitution of all funds collected for the benefit of the victims of the worthless check. The
30   Worthless Check Unit shall disburse to the victim all restitution collected in connection with the original complaint filed. If the
31   victim cannot be located after a reasonable time and upon diligent efforts to locate him, the restitution due the victim must be
32   transferred to the general fund of the county.
33      33.7. (PCC: Drug Court Funding) (A) In addition to all other assessments and surcharges required to be imposed by law,
34   during the current fiscal year, a one hundred dollar surcharge is also levied on all fines, forfeitures, escheatments, or other
35   monetary penalties imposed in the general sessions court or in magistrates’ or municipal court for misdemeanor or felony drug
36   offenses. No portion of the surcharge may be waived, reduced, or suspended. (B) The revenue collected pursuant to subsection
                                                                                                                             PAGE 447

 1   (A) must be retained by the jurisdiction which heard or processed the case and paid to the State Treasurer within thirty days after
 2   receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion
 3   these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the
 4   population of the State as a whole based on the most recent official United States census. The funds shall be used for drug
 5   treatment court programs only. (C) It is the intent of the General Assembly that the amounts generated by this paragraph shall be
 6   in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding
 7   already allocated for these services. (D) The State Treasurer may request the State Auditor to examine the financial records of any
 8   jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection
 9   (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in
10   and cooperate fully with the examination.
11      33.8. (PCC: Solicitors Victim/Witness Assistance Programs) The amount appropriated and authorized in Part IA, Section 33 for
12   Solicitors Victim/Witness Assistance Programs shall be apportioned among the circuits on a per capita basis and based upon the
13   official census of 2000. Payment shall be made as soon after the beginning of each quarter as practical.
14      33.9. (PCC: Criminal Domestic Violence Prosecution) The Of the amount appropriated in Part IA, Section 33, for Criminal
15   Domestic Violence Prosecution, $2,200,000 shall be apportioned equally among the circuits and the balance thereafter remaining
16   shall be apportioned among the circuits on a per capita basis and based upon the Official Census of 2000. The amount
17   appropriated shall be used solely for the purpose of criminal domestic violence prosecution in the magistrate and circuit courts.
18   Payment shall be made as soon after the beginning of each quarter as practical. Each Solicitor shall designate at least one
19   individual prosecutor per county for this purpose. A Solicitor and the Attorney General may partner to accomplish these
20   provisions. The Prosecution Coordination Commission shall retain information and data on criminal domestic violence
21   prosecutions and shall provide the General Assembly with an annual report no later than sixty days after the conclusion of the
22   fiscal year. If not privileged information by law, the report shall at a minimum include information and statistics regarding the
23   location, the number and type of criminal domestic violence charges, the number of cases prosecuted, and the disposition of the
24   cases.
25
26   SECTION 35 - E23 - COMMISSION ON INDIGENT DEFENSE
27
28      35.1. (INDEF: Defense of Indigents Formula) The amount appropriated in this section for “Defense of Indigents” shall be
29   apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the most current
30   official decennial census of the United States ; provided that no county shall receive funding in an amount less than the amount
31   apportioned to it as of July 1, 2005. The level of contribution of each county as of July 1, 2001, must be maintained. No county
32   shall be permitted to contribute less money than the amount the county contributed in the prior fiscal year. Within the amount of
33   money established for indigent defense services, the State shall set aside $3,000,000 (Death Penalty Trial Fund) annually
34   exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the
35   operation of the Commission on Indigent Defense. The State also shall set aside $1,500,000 annually to pay fees and expenses of
36   private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the fees
                                                                                                                            PAGE 448

 1   imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section
 2   17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict
 3   Fund until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned
 4   among the counties’ public defender offices pursuant to Section 17-3-70. When either the Death Penalty Trial Fund or the Conflict
 5   Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is
 6   completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected
 7   pursuant to Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties’
 8   public defender offices pursuant to Section 17-3-70. At the end of each fiscal year, any funds remaining in the Conflict Fund shall
 9   be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall carryover to the next fiscal
10   year. All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund
11   which shall be administered by the Commission on Indigent Defense. All applications for the payment of fees and expenses of
12   private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund
13   administered by the Office of Indigent Defense.
14      35.2. (INDEF: State Employee Compensation Prohibited) Except as otherwise provided in Section 72.5, no money
15   appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as
16   examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any state agency for providing such services
17   by their employees.
18      35.3. (INDEF: Appellate Conflict Fund) The purpose of this fund is to provide money to pay attorneys for representing indigent
19   defendants on appellate review when the Office of Appellate Defense is unable to do so. Funds designated for appellate use in
20   conflict cases shall be administered by the Office of Indigent Defense. The Office of Appellate Defense must first determine that it
21   is unable to provide representation. Fees shall be $40 per hour for out of court work and $60 for in court work, with a maximum of
22   $3,500 per case for non-capital appeals. Fees shall be $50 per hour for out of court work and $75 per hour for in court work in
23   capital appeals with a maximum of $10,000 per capital appeal. The appropriate appellate court shall review and approve vouchers
24   for payment for appellate conflict cases. The Office of Appellate Defense shall continue to provide printing and other support
25   functions currently provided from their resources. On June 30 of each year, the Office of Indigent Defense shall review all
26   outstanding obligations in this fund. Any unspent and unobligated money shall be used to pay outstanding vouchers in the Death
27   Penalty Trial Fund or the Conflict Fund, provided the designated fund has become exhausted during the year.
28      35.4. (INDEF: Post Conviction Relief Payments) Notwithstanding any other provision of law, the court shall order payment of
29   all fees and costs in non capital Post Conviction Relief cases from funds appropriated to the Office of Indigent Defense for the
30   defense of indigents in non capital Post Conviction Relief cases. Any attorney appointed shall be compensated at a rate not to
31   exceed forty dollars per hour for time expended out of court and sixty dollars per hour for time expended in court. In court
32   payments shall be made only for the time actually spent before the court. Compensation and costs shall not exceed one thousand
33   dollars in any single case and shall be paid from funds appropriated to the Office of Indigent Defense for the defense of indigents
34   represented by court-appointed, private counsel, in non capital Post Conviction Relief cases.
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 1      35.5. (INDEF: Civil Court Appointments) The funds appropriated under “Civil Court Appointments” shall be used for Civil
 2   Court Appointments including Termination of Parental Rights, Abuse and Neglect, Probate Court Commitments, Sexually Violent
 3   Predator Act, and Post Conviction Relief (PCR) to reimburse court appointed private attorneys.
 4      A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Termination of Parental Rights” cases
 5   and “Abuse and Neglect” cases to reimburse private attorneys who are appointed by the Family Court to represent guardians ad
 6   litem, children, or parents under the provisions of S.C. Code Sections 20-7-110 et seq., 20-7-1570 et seq., 20-7-1695 (A)(2) et seq.,
 7   20-7-600 et seq., and 20-7-8705 (4)(a) et seq. When private counsel is appointed pursuant to these provisions, counsel shall be
 8   reimbursed a reasonable fee to be determined on the basis of forty dollars per hour. Reimbursement shall not exceed one thousand
 9   seven hundred fifty dollars for any case under which such private attorney is appointed. Reimbursement in excess of the hourly
10   rate and limit set forth herein is authorized only if the court certifies, in a written order with specific findings of fact, that
11   reimbursement in excess of the rates or limit is necessary to provide reimbursement adequate to ensure effective assistance of
12   counsel and reimbursement in excess of the limit is appropriate because the services provided were reasonably and necessarily
13   incurred. Payments shall be made from funds appropriated for this purpose from the Commission of Indigent Defense.
14      A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Probate Court Commitment” cases to
15   reimburse private attorneys who are appointed by the Probate Court to represent indigent persons. When private counsel is
16   appointed pursuant to these provisions, counsel shall be reimbursed a reasonable fee to be determined on the basis of forty dollars
17   per hour.
18      A portion of the funds appropriated under “Civil Court Appointments” shall be used for “Sexual Violent Predator” cases to
19   reimburse private attorneys who are appointed by the Circuit Court pursuant to Section 44-48-10, et seq, to represent indigent
20   persons and for the fees of necessary expert witnesses. When private counsel is appointed pursuant to these provisions, counsel
21   shall be reimbursed a reasonable fee to be determined on the basis of forty dollars per hour. Payment shall be made from funds
22   appropriated for this purpose from the Commission of Indigent Defense.
23      If on June 30 of each year the Commission on Indigent Defense determines that the funds appropriated for Civil Court
24   Appointments have not been exhausted but that other funds administered by the Commission on Indigent Defense are exhausted,
25   the commission may transfer available funds to the exhausted fund(s) and pay any outstanding vouchers to the extent possible.
26      35.6. (INDEF: Guardian Ad Litem Appointments) The Commission on Indigent Defense working with the Guardian ad Litem’s
27   Office of the Division of Children’s Services, may allocate a portion of the funds provided for Civil Court Appointments for
28   payments to individual Guardian ad Litem programs is directed to transfer $360,000 from the Civil Appointment Fund to the
29   Governor’s Office of Executive Policy and Programs, Guardian ad Litem Program for payment of attorney appointments in child
30   abuse and neglect cases. The Commission on Indigent Defense shall allocate Civil Court Appointment funds for payment to
31   individuals appointed in child abuse and neglect cases where appointment to the case cannot be made by the South Carolina
32   Guardian ad Litem Program. The commission shall take into consideration case loads, populations, needs, etc., of the individual
33   offices counties, to determine an amount needed to provide effective representation of the children concerned that would not be
34   represented by those appointments funded by the $360,000 redirected to the South Carolina Guardian ad Litem Program. In
35   determining if any amount should be allocated, the commission must take into account the total funds appropriated and weigh this
36   sum against the other demands and obligations of the Civil Appointments Fund. The Commission on Indigent Defense shall report
                                                                                                                                PAGE 450

 1   to the Senate Finance Committee and the House Ways and Means Committee any payments to individual Guardian ad Litem
 2   programs guardians ad litem from funds provided from the Civil Appointment Fund.
 3      35.7. (INDEF: County Contributions) For the current fiscal year, in addition to amounts appropriated to the Commission on
 4   Indigent Defense for Defense of Indigents/Per Capita, no county shall reduce its contribution to the local Defender Corporation
 5   below the amount provided for such organization in the prior fiscal year.
 6      35.8. (INDEF: Carry Forward) To offset budget reductions, the Office of Indigent Defense may carry forward and utilize any
 7   unencumbered balances available in the Appellate Conflict Fund and the Civil Fund at the end of the prior fiscal year.
 8      35.9. (INDEF: Carry Forward of Obligations) Notwithstanding any other provision of law, the Commission on Indigent
 9   Defense is authorized to carry-forward unpaid obligations incurred and received for payment in one fiscal year and to pay, to the
10   extent possible, these obligations from funds appropriated in the next year’s budget.
11      35.10. (INDEF: Application Fee for Appointment of Counsel) For the current fiscal year, the application fee for public defender
12   services payable under Section 17-3-30(B) is increased to forty ($40) dollars.
13      35.11. (INDEF: Assessments Increase) The assessment paid pursuant to Section 14-1-206, 14-1-207, or 14-1-208 by a person
14   who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions, magistrate’s, or
15   municipal court is increased from one hundred to one hundred seven and one-half percent of the fine imposed. The revenues
16   generated by this increase of seven and one-half percent must be deposited in the General Fund of the State. From the total
17   revenues generated by Sections 14-1-206, 14-1-207, and 14-1-208, and in addition to other uses prescribed by law, $3,200,000
18   shall be allocated to the following agencies for support of the programs specified: $500,000 to the Department of Juvenile Justice
19   for the Juvenile Arbitration Program; $450,000 to the Department of Juvenile Justice for the Marine Institutes; $500,000 to the
20   Department of Juvenile Justice for regional status offender programs, of which $106,000 must be allocated to the Anderson County
21   Upstate Youth Camp; and $1,750,000 to the Office of Indigent Defense for use in offsetting budget cuts. It is the intent of the
22   Legislature that the amount of the funds generated from this source and credited to the other State Agencies as provided by Section
23   14-1-206, 14-1-207, or 14-1-208 shall not be less than the amounts credited to those agencies in the previous fiscal year.
24      35.12. (INDEF: Defense of Indigents Application Fee) (A) A person to whom counsel has been provided in any court in this
25   state shall execute an affidavit that the person is financially unable to employ counsel and that affidavit shall set forth all of the
26   person’s assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its
27   discretion, may order the person to pay these assets or a portion thereof to the Office of Indigent Defense of the State of South
28   Carolina.
29      (B) A forty dollar application fee for appointed counsel services must be collected from every person who executes an affidavit
30   that they are financially unable to employ counsel. The person may apply to the court, the clerk of court, or other appropriate
31   official for a waiver or reduction in the application fee. If it is determined that the person is unable to pay the application fee, the
32   fee may be waived or reduced, provided that if the fee is waived or reduced, the clerk or appropriate official shall report the amount
33   waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is
34   granted probation or by a time payment method if probation is not granted or appropriate. The clerk of court or other appropriate
35   official shall collect the application fee imposed by this section and remit the proceeds to the Public Defender Application Fund on
36   a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to
                                                                                                                                  PAGE 451

 1   provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The clerk of court or
 2   other appropriate official shall maintain a record of all persons applying for representation and the disposition of the application
 3   and shall provide this information to the Office of Indigent Defense on a monthly basis as well as reporting the amount of funds
 4   collected or waived.
 5      (C) In matters in which a juvenile is brought before a court, the parents or legal guardian of such juvenile shall execute the
 6   above affidavit based upon their financial status and shall be responsible for paying any fee. In juvenile matters, the parents or
 7   legal guardians of said juvenile, shall be advised in writing of this requirement at the earliest stage of the proceedings against said
 8   juvenile.
 9      (D) Nothing contained above shall restrict or hinder a court from appointing counsel in any emergency proceedings or where
10   existing statutes do not provide sufficient time for an individual to complete the application process.
11      (E) The appointment of counsel, as herein before provided, creates a claim against the assets and estate of the person who is
12   provided counsel or the parents or legal guardians of a juvenile in an amount equal to the costs of representation as determined by a
13   voucher submitted by the appointed counsel and approved by the court, less that amount that the person pays to the appointed
14   counsel or defender corporation of the county or counties wherein he is being represented or to the Office of Indigent Defense as
15   provided for above.
16      (F) Such claim shall be filed in the office of the clerk of court in the county where the person is assigned counsel, but the filing
17   of a claim shall not constitute a lien against real or personal property of the person unless, in the discretion of the court, part or all
18   of such claim is reduced to judgment by appropriate order of the court, after serving the person with at least thirty days’ notice that
19   judgment will be entered. When a claim is reduced to judgment, it shall have the same effect as judgments, except as modified by
20   this chapter.
21      (G) The court may, in its discretion, order any claim or judgment waived, modified or withdrawn.
22      35.13. (INDEF: Public Defender Fee) Every person placed on probation on or after July 1, 2003, who was represented by a
23   public defender or appointed counsel, shall be assessed a fee of five hundred dollars. The revenue generated from this fee must be
24   collected by the clerk of court and sent on a monthly basis to the Office of Indigent Defense to be divided between the Conflict
25   Fund and the Defense of Indigents/Per Capita Fund administered by that office. However, if a defendant fails to pay this fee, this
26   failure alone is not sufficient basis for incarceration for a probation violation. This assessment shall be collected and paid over
27   before any other fees. Provided, however, in those counties which contract with appointed counsel for the defense of indigents
28   other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts
29   for payment for these services.
30      35.14. (INDEF: Office of Indigent Defense Study Committee) A study committee to develop a formula for the best
31   disbursement of public defender distributions is established to review the current distribution methods and make recommendations
32   for future public defender funds. The study committee shall be composed of three members appointed by the Chairman of the
33   Commission on Indigent Defense, one of whom must not be the chairman of said commission, and three members from Public
34   Defenders Offices in selected counties, also appointed by the Chairman of the Commission on Indigent Defense. Members of the
35   study committee shall serve without compensation. Personnel of the Office of Indigent Defense shall serve as staff and advisors to
36   the committee.
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 1     Findings and recommendations shall be reported to the General Assembly by September 1, 2006. When calculating their
 2   funding method the committee may use any formula they deem best, but at least one formula model must include recommendations
 3   with violent crime rates and a poverty factor. Upon submission of the report, the committee shall be dissolved.
 4
 5   SECTION 36 - K05 - DEPARTMENT OF PUBLIC SAFETY
 6
 7      36.1. (DPS: Special Events Traffic Control) The highway patrol must not charge any fee associated with special events for
 8   maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General
 9   Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public
10   entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
11      36.2. (DPS: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue Revenue received from the sale of
12   meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and
13   materials, sale of legal manuals and other publications, postal reimbursement, photo copying, electronic data from traffic
14   collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, tuition from non-mandated, advanced, or
15   specialized courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from psychological screening,
16   private college tuition, and revenue from canteen operations and building management services, revenue from regional and
17   national marketing of the “Crime-to-Court” and other Department of Public Safety training series shall be retained by the
18   department and expended in budgeted operations for food services, expansion of the department’s distance learning programs,
19   professional training, fees and dues, clothing allowance, and other related services or programs as the Director of the Department
20   of Public Safety may deem necessary.
21      The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue retained
22   and carried forward.
23      36.3. (DPS: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Department of
24   Public Safety is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the prior
25   fiscal year.
26      36.4. (DPS: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of revenues,
27   all revenues derived under Title 56 credited to the Department of Public Safety must be credited to the General Fund of the State,
28   except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents, publications,
29   records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining video cameras in
30   law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those fees designated
31   under Section 56-1-1320 to be used by the department to hire, train, and equip members of the highway patrol and state transport
32   police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390, 56-1-740, 56-1-745, 56-1-746,
33   56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of these fees that represents
34   increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to defray the expenses of the
35   Department of Motor Vehicles.
                                                                                                                             PAGE 453

 1      36.5. (DPS: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, enforcement by the State Transport
 2   Police Division of the department, of Articles 3 and 5, of Chapter 23 of Title 58 of the 1976 Code, shall be funded from the motor
 3   carrier registration fees collected by the Department of Motor Vehicles that previously were collected by the Public Service
 4   Commission and the Department of Public Safety. Additionally, the State Transport Police is authorized to expend the motor
 5   carrier registration fees to build or renovate weigh stations. All unexpended funds from prior years collected under this proviso
 6   may be retained and carried forward by the department for the same purposes.
 7      36.6. (DPS: Witness Fee) The Department of Public Safety is hereby authorized to charge a witness fee of $130.00 per hour, up
 8   to $1,000 per day for each trooper trained in Advanced Accident Investigation testifying in civil matters which do not involve the
 9   State as a party in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or
10   reimbursement for judicial appearances and deposited into a designated revenue account. The department is authorized to receive,
11   expend, retain, and carry forward these funds.
12      36.7. (DPS: Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical examinations for
13   department personnel who are required to receive such physical examinations prior to or after receiving a law enforcement
14   commission.
15      36.8. (DPS: Retention of Emergency Expenditure Refunds) The Department of Public Safety is authorized to collect, expend,
16   retain, and carry forward all funds received from other state or federal agencies in the current fiscal year as reimbursement of
17   expenditures incurred in the current or prior fiscal year when personnel and equipment are mobilized and expenses incurred due to
18   an emergency.
19      36.9. (DPS: Retention of Private Detective Fees) The Department of Public Safety is hereby authorized to receive, expend,
20   retain, and carry forward all funds transmitted from SLED related to fees charged and collected by SLED from license and
21   registration fees for private detective businesses, private security businesses, including employees of these businesses, and
22   companies which provide private security on their own premises. The funds transferred are to be used in the Bureau of Protective
23   Services Program to provide security for state agencies and the Capitol Complex.
24      36.10. (DPS: Meals in Emergency Operations) The Department of Public Safety may provide meals to employees of the
25   department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency
26   simulation exercises and when the Governor declares a state of emergency.
27      36.11. (DPS: School Zone Safety Week) From the funds appropriated to the department, the Department of Public Safety is
28   directed to designate a week each year in every county as South Carolina School Zone Safety Week. This week must correspond
29   with the school start date for that county. The department shall work to organize and engage state law enforcement officials and
30   schools in activities that promote safety in school zones during the above named week. The department shall provide suitable
31   materials and other aids for use in the observance of the week. In January of each year, the department shall provide a report to the
32   Governor, the Speaker of the House, and the President Pro Tempore of the Senate, regarding the school zone safety activities the
33   department has helped to organize.
34      36.12. (DPS: Inmate Release) The Department of Public Safety is directed to utilize the funds appropriated to the department to
35   positively ascertain the identity of any individuals arrested under Section 20-7-8920 or Section 20-7-8925 of the 1976 Code, before
36   that individual is released from custody.
                                                                                                                           PAGE 454

 1      36.13. (DPS: Motor Carrier Advisory Committee) From the funds appropriated and/or authorized to the Department of Public
 2   Safety and the Department of Motor Vehicles, the departments are directed to jointly establish a Motor Carrier Advisory
 3   Committee to solicit input from the Trucking Industry and other interested parties in developing policies and procedures for the
 4   regulation of this industry. The members of the advisory committee shall serve without compensation.
 5      36.14. (DPS: Law Enforcement Subsistence) The provisions of Section 56-19-420(B)(1) of the 1976 Code are suspended for
 6   the current fiscal year and instead of the allocation provided pursuant to that subitem, the first one million dollars must be
 7   deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For the current
 8   year the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to eight dollars for each
 9   regular work day.
10      36.15. (DPS: Sale of Real Property) At such time as any portion of the Laurens Road property in Greenville is declared to be
11   surplus by the agency or agencies which occupy said portion, and after receiving approval from the Budget and Control Board for
12   the sale of the property, the Department of Public Safety, the Department of Transportation, and the Department of Motor Vehicles
13   are authorized to receive, retain, expend, and carry forward funds derived from the sale of the real property in which each agency
14   holds an interest or title. No portion of the property may be declared as surplus by one agency if another agency is occupying said
15   property. The Department of Public Safety is directed to use these funds to defray the operating expenses of the Highway Patrol
16   and the Department of Transportation and the Department of Motor Vehicles are directed to use their portion of these funds for
17   department operating expenses.
18      36.16. (DPS: Building Fund Flexibility) For the current fiscal year, all monies collected in the Department of Public Safety
19   Building Fund, Subfund 3324, that exceed the annual bond payment and the amount needed for building repair must be utilized by
20   the department to support the Highway Patrol.
21      36.17. (DPS: Yearly Financial Audit) Notwithstanding any other provision of law, the Department of Public Safety may have
22   an Agreed Upon Procedures audit in lieu of having audited financial statements. This audit shall be in coordination with the State
23   Auditor’s Office and will be in accordance with generally accepted accounting principles and must comprise all financial records
24   and controls. This audit must be completed by November 1 following the close of the fiscal year.
25      36.18. (DPS: CMV Driver Rest Areas) A joint working group is to be established between the Department of Transportation,
26   Department of Public Safety, State Transport Police and the South Carolina Trucking Association to review and evaluate where
27   critical rest areas may be made available for commercial motor vehicle drivers to park and obtain their federally mandated required
28   rest.
29      36.19. (DPS: Hunley Security) From the funds appropriated to the Department of Public Safety, the department is directed to
30   assign two law enforcement officers to provide security services for the H.L. Hunley at the Warren Lasch Laboratory in
31   Charleston.
32      36.20. (DPS: SC Law Enforcement Officers Hall of Fame) The Department of Public Safety is hereby authorized to retain all
33   revenue received in court fines, pursuant to Sections 14-1-206(3), 14-1-207(3), and 14-1-208(3) of the 1976 Code, for the purpose
34   of defraying the costs of maintaining and operating the Hall of Fame. The department may retain the surplus for the same purpose
35   and is authorized to carry forward and expend such funds.
36
                                                                                                                             PAGE 455

 1   SECTION 36A - R40 - DEPARTMENT OF MOTOR VEHICLES
 2
 3      36A.1. (DMV: Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of legal
 4   manuals and other publications, postal reimbursement, third party commercial driver license testing, photo copying, sale of
 5   miscellaneous refuse and recyclable materials, insurance claim receipts, and tuition from non-mandated, advanced, or specialized
 6   courses shall be retained by the department and expended in budgeted operations and other related services or programs as the
 7   Director of the Department of Motor Vehicles may deem necessary. The Department of Motor Vehicles shall report annually to
 8   the General Assembly the amount of miscellaneous revenue retained and carried forward.
 9      36A.2. (DMV: Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Department
10   of Motor Vehicles is authorized to expend federal and earmarked funds in the current fiscal year for expenditures incurred in the
11   prior fiscal year.
12      36A.3. (DMV: Publish County DMV Local Telephone Number) From the funds appropriated in Part IA, Section 36A to the
13   Department of Motor Vehicles, it is the intent of the General Assembly that the Department of Motor Vehicles in each county
14   should have a local telephone number that is published.
15      36A.4. (DMV: Cost Recovery Fee/Sale of Photos or Digitized Images) The Department of Motor Vehicles may collect
16   processing fees and fees to recover the costs of the production, purchase, handling and mailing of documents, publications, records
17   and data sets. The amount charged by the Department of Motor Vehicles for any fees collected pursuant to this proviso may not
18   exceed the rates that the department charged as of February 1, 2001. The Department of Motor Vehicles may not sell, provide or
19   otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver’s license or
20   personal identification card. Photographs and digitized images from a driver’s license or personal identification card are not
21   considered public records. Funds derived from these sources shall be retained by the department.
22      36A.5. (DMV: License Fees) Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of
23   revenues, all revenues derived under Title 56 credited to the Department of Motor Vehicles must be credited to the General Fund
24   of the State, except for those fees collected to recover the costs of the production, purchase, handling and mailing of documents,
25   publications, records, and data sets, those fees collected under Sections 56-5-2951 and 56-1-286 for supplying and maintaining
26   video cameras in law enforcement vehicles used for traffic enforcement and the issuance of the alcohol restricted license, those
27   fees designated under Section 56-1-1320 to be used by the Department of Public Safety to hire, train, and equip members of the
28   highway patrol and state transport police, and the revenues of fees imposed pursuant to Sections 56-1-170, 56-1-286, 56-1-390,
29   56-1-740, 56-1-745, 56-1-746, 56-5-750, 56-5-2951, 56-9-430, 56-10-260, and 56-10-270, but only the revenues of that portion of
30   these fees that represents increases in the rate of these fees over rates in effect June 30, 2001, to be used by the department to
31   defray the expenses of the Department of Motor Vehicles.
32      36A.6. (DMV: Expedited Documents and Records Upon Request) The Department of Motor Vehicles may collect a surcharge,
33   not to exceed $20 per document, in addition to normal fees to expedite requests for copies of documents and records at the option
34   of the requesting party. Requested documents or records will be available within 72 hours of receipt of the expedited request.
35   Normal document and record processing time will be not more than 30 days. Funds derived from these sources shall be retained by
36   the department.
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 1      36A.7. (DMV: Vehicle License Tax Year) From funds allocated for other operating expenses in program II. D. Technology and
 2   Program Development, the department shall allocate sufficient funds to implement necessary accounting and computer operating
 3   system changes to ensure that after the transfer of a license tag to a vehicle, before any subsequent transfer of a license tag to that
 4   same vehicle is processed, the department shall require a paid tax receipt, based upon the value of the vehicle to which the license
 5   tag is being transferred, for the remaining months of the tax year of the license tag being transferred. This requirement shall only
 6   apply if the owner requesting the transfer has previously transferred a tag to the same vehicle. Should the vehicle from which the
 7   tag was transferred be re-registered, the registration cycle for that vehicle shall begin in the month that the new tag is issued. This
 8   provision shall take effect January 1, 2006.
 9      36A.8. (DMV: Validation Stickers) Annual license tag validation stickers which are issued for non-permanent tags on certified,
10   public law enforcement vehicles shall be issued without charge by the Department of Motor Vehicles.
11      36A.9. (DMV: DPPA Compliance Audit) The Department of Motor Vehicles may charge fees to defray the costs associated
12   with auditing and enforcing compliance of all Federal or State statutes and regulations pertaining to personal information for
13   customers receiving information disseminated by the department as allowed by law. This provision does not pertain to state
14   agencies. The Comptroller General shall place the funds into a special restricted account to be used by the department.
15      36A.10. (DMV: DMV Transaction Fee) The Department of Motor Vehicles is authorized to collect a transaction fee from
16   commercial third parties who either transmit or retrieve data from the DMV. The fee cannot exceed five dollars per transaction
17   and must be mutually agreed to by all parties. These fees are to be retained by the division and placed in a special restricted
18   interest-bearing account to be used by the division to defray the costs associated with the maintenance and operation of the
19   division’s information and technology system.
20      36A.11. (DMV: CDL Skills Test Fee) The commercial driver’s license skills test shall be administered to an individual free of
21   charge one time, thereafter the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each
22   commercial driver’s license skills test administered by the department. State agency and school district employees who are
23   required to possess a commercial driver’s license in the course of their normal job duties are exempt from this requirement. This
24   fee must be deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
25      36A.12. (DMV: Motor Carrier Registration Fees) Notwithstanding any other provisions of law, administration of Articles 3 and
26   5, of Chapter 23 of Title 58, shall be funded from the motor carrier registration fees collected by the department that previously
27   were collected by the Public Service Commission. All unexpended funds from prior years collected under this proviso may be
28   retained and carried forward by the department for the same purposes.
29      36A.13. (DMV: Motor Carrier Advisory Committee) From the funds appropriated and/or authorized to the Department of
30   Motor Vehicles, the department is directed to establish a Motor Carrier Advisory Committee to solicit input from the Trucking
31   Industry and other interested parties in developing policies and procedures for the regulation of this industry. The members of the
32   advisory committee shall serve without compensation.
33      36A.14. (DMV: License Tag Transfer Fee) For the current fiscal year, the Department of Motor Vehicles is authorized to
34   charge a fee of ten dollars for the transfer of a license plate from one vehicle to another vehicle owned or leased by the same
35   person. Of this fee, three dollars must be credited to the State General Fund. The remainder must be placed into a special
36   earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
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 1     36A.15. (DMV: Underutilized Offices) The Director of the Department of Motor Vehicles is authorized to develop and
 2   implement a plan to reduce the hours of operation in underutilized DMV field offices.
 3     36A.16. (DMV: Duplicate License Fee) For Fiscal Year 2006-07 the current fiscal year, the Department of Motor Vehicles is
 4   authorized to increase the Duplicate License Fee from three to ten dollars. This incremental increase of seven dollars must be
 5   deposited into a special earmarked account by the State Treasurer to be used by the Department of Motor Vehicles.
 6     36A.17. (DMV: Personalized License Plates) Notwithstanding the provisions of Section 56-3-2010(B) of the 1976 Code, as
 7   amended, every personalized license plate issued to members of the General Assembly and members of the licensed state or federal
 8   commissions and boards expires January thirty-first each year.
 9
10   SECTION 36B -N20 - LAW ENFORCEMENT TRAINING COUNCIL
11
12      36B.1. (LETC: CJA-Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the Law
13   Enforcement Training Council, Criminal Justice Academy is authorized to expend federal and earmarked funds in the current
14   fiscal year for expenditures incurred in the prior fiscal year.
15      36B.2. (LETC: CJA-Retention of Emergency Expenditure Refunds) The Law Enforcement Training Council, Criminal Justice
16   Academy is authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the
17   current fiscal year as reimbursement of expenditures incurred in the current or prior fiscal year when personnel and equipment
18   are mobilized and expenses incurred due to an emergency.
19      36B.3. (LETC: CJA-Miscellaneous Revenue) Notwithstanding any other provisions of law, revenue received from the sale of
20   meals to employees and students attending non-mandated, advanced, or specialized training courses, sale of student locks and
21   materials, sale of legal manuals and other publications, postal reimbursement, third party Commercial Driver License testing,
22   photo copying, sale of miscellaneous refuse and recyclable materials, tuition from non-mandated, advanced, or specialized
23   courses, coin operated telephones, revenue from E-911 and Coroner training, private college tuition, and revenue from canteen
24   operations and building management services, revenue from “Crime-to-Court” and other Criminal Justice Academy training
25   series shall be retained by the Academy and expended in budgeted operations for food services, expansion of the department’s
26   distance learning programs, professional training, fees and dues, clothing allowance and other related services or programs as the
27   Director of the Criminal Justice Academy may deem necessary. The Law Enforcement Training Council, Criminal Justice
28   Academy shall report annually to the General Assembly the amount of miscellaneous revenue retained and carried forward.
29
30   SECTION 37 - N04 - DEPARTMENT OF CORRECTIONS
31
32     37.1. (CORR: Clothes/Transportation Upon Discharge) Whenever an inmate shall be discharged from the Department of
33   Corrections, the department shall furnish such inmate with a suit of common clothes, if deemed necessary, and transportation from
34   the Department of Corrections to his home, if his home is located within this State. If his home is not located in South Carolina,
35   the Department of Corrections has the discretion of providing transportation to the inmate’s home state, or to the county from
36   which he was sentenced.
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 1      37.2. (CORR: Farm Program) Notwithstanding any provision of law to the contrary, the proceeds from the sale of all excess
 2   agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be retained by that
 3   agency to be utilized in the expansion and modernization of the program or at the discretion of the director, for projects or services
 4   benefiting the general welfare of the inmate population.
 5      37.3. (CORR: Sale of Products) In addition to sales currently authorized by statute, all articles or products produced by the
 6   Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are sold and
 7   distributed through wholesalers and jobbers within this State.
 8      37.4. (CORR: Canteen Operations) Revenue derived wholly from the canteen operations within the Department of Corrections
 9   on behalf of the inmate population, may be retained and expended by the department for the continuation of the operation of said
10   canteens and the welfare of the inmate population. The canteen operation is to be treated as an enterprise fund within the
11   Department of Corrections and is not to be subsidized by state appropriated funds.
12      37.5. (CORR: Contract for Services) Upon initiation by the South Carolina Department of Corrections, and upon prior approval
13   by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such services must (1)
14   demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result in long-term operational
15   cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support space more expeditiously than
16   traditional methods, and (4) be subject to the year-to-year appropriation process of the General Assembly and state procurement
17   procedures.
18      37.6. (CORR: E.H. Cooper Trust Fund) Any unclaimed funds remaining in any inmate account, after appropriate and necessary
19   steps are taken to determine and contact a rightful owner of such funds, shall be deposited into the Inmate Welfare Fund.
20      37.7. (CORR: Instructional Salaries) The certified instructional personnel of the Department of Corrections shall receive a
21   percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel
22   throughout the State.
23      37.8. (CORR: Funding Through State Criminal Assistance Program) All funds received by the State from the United States
24   Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the state
25   correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
26      37.9. (CORR: Surplus Farm Produce) The Department of Corrections shall be authorized to sell surplus farm produce, with any
27   funds generated to be utilized by the department to offset costs of the farming operation or at the discretion of the director, for
28   projects or services benefiting the general welfare of the inmate population.
29      37.10. (CORR: Remedial Education Funding) A criminal offender committed to the custody of the Department of Corrections,
30   who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent of an eighth grade
31   educational level, may be required by department officials to enroll and actively participate in academic education programs.
32   Funds appropriated to the Department of Corrections for educational programs shall be prioritized to assure such remedial services
33   are provided.
34      37.11. (CORR: Tire Retreading Program Restriction) The tire retreading program at the Lieber Correctional Institution shall be
35   limited to the marketing and sale of retreads to state governmental entities.
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 1      37.12. (CORR: Social Security Administration Funding) All funds received by the S.C. Department of Corrections from the
 2   Social Security Administration under Section 1611 (e)(1)(I) of the Social Security Act, which provides payment for information
 3   regarding incarcerated Social Security Insurance recipients, shall be retained by the S.C. Department of Corrections and credited to
 4   a fund entitled “Special Social Security” for the care and custody of inmates housed in the state correctional facilities.
 5      37.13. (CORR: Reward for Information) Notwithstanding any other provision of law, the Director of the Department of
 6   Corrections may award up to two thousand dollars ($2,000) for information leading to the capture of each escaped convict. Funds
 7   to support such awards shall be generated from monies or things of value used as money found in the unlawful possession of a
 8   prisoner and confiscated as contraband by the Department of Corrections.
 9      37.14. (CORR: Sale of Timber) Notwithstanding any other provision of law the Department of Corrections is hereby authorized
10   to sell mature trees and other timber suitable for commercial purposes from lands owned by the Department of Corrections. Prior
11   to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and
12   obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and
13   expand the agricultural program, subject to the approval of the Budget and Control Board or at the discretion of the director, for
14   projects or services benefiting the general welfare of the inmate population.
15      37.15. (CORR: Medical Expenses) The Department of Corrections shall be authorized to charge inmates a nominal fee for any
16   medical treatment or consultation provided at the request of or initiated by the inmate. A nominal co-pay shall be charged for
17   prescribed medications. Inmates shall not be charged for psychological or mental health visits.
18      37.16. (CORR: Prison Industry Funds) The Director of the Department of Corrections, at his discretion, is hereby authorized to
19   utilize prison industry funds for projects or services benefiting the general welfare of the inmate population.
20      37.17. (CORR: Sale of Horticultural Products) Notwithstanding any other provisions of law, the proceeds from the sale of
21   horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general
22   welfare of all inmates.
23      37.18. (CORR: Victim Assistance Wage Deductions) Notwithstanding any other provisions of law, of monies generated by
24   inmates engaged in work at paid employment in the community, the Director of the Department of Corrections shall deduct the
25   following from the gross wages of the prisoner:
26         (a) ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance
27   programs established pursuant to the “Victims of Crime Act of 1984”, Public Law 98-473, Title II, Chapter XIV, Section 1404;
28   and
29         (b) ten percent must be retained by the department to support services provided by the department to victims of the
30   incarcerated population. At the close of the fiscal year, any excess funds not expended by the department to support victim
31   services shall revert to the victim assistance programs account as described in paragraph (a) and as mandated in S.C. Code Section
32   24-3-40(A)(2). The department is directed to provide an accounting to the Senate Finance Committee and Ways and Means
33   Committee of how the retained funds were expended and the services that were provided by September 1 each year.
34      Such deductions shall apply only if restitution to a particular victim or victims has not been ordered by the court or if
35   court-ordered restitution to a particular victim or victims has been satisfied. Otherwise restitution must be satisfied before any
36   deductions for victim assistance programs are incurred.
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 1      37.19. (CORR: Reimbursement for Expenditures) The Department of Corrections may retain for general operating purposes
 2   any reimbursement of funds for expenses incurred in a prior fiscal year.
 3      37.20. (CORR: Sale of Real Property) Funds generated from the sale of real property owned by the Department of Corrections
 4   shall be retained by the department to offset renovation and maintenance capital expenditures.
 5      37.21. (CORR: Prison Industry Service Contracts) The Director of the Department of Corrections may enter into contracts with
 6   private sector entities that would allow for inmate labor to be provided for prison industry service work and work that involves
 7   exportation of products. The use of such inmate labor may not result in the displacement of employed workers within the local
 8   region in which work is being performed. Service work is defined as any work such as repair, replacement of original
 9   manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. Export
10   work is defined as any work that results in a product that is exported for sale outside the United States that is not involved in
11   interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service
12   work contracts, and such wages may be less than the prevailing wage for work of a similar nature in the private sector. Provided,
13   however, that the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates
14   engaged in Prison Industry service work. (1) If restitution to a particular victim or victims has been court ordered by the court,
15   then twenty percent (20%) must be used to fulfill the restitution obligation. If restitution to a particular victim or victims has not
16   been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the ten percent
17   (10%) must be applied to the South Carolina Victims’ Compensation Fund. (2) Ten percent (10%) must be retained by the
18   Department of Corrections to defray the cost of the inmate’s room and board.
19      The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan
20   to attract private sector businesses for the employment of inmates through the prison industries program. The marketing plan must
21   include, but not be limited to, provisions of public advertising to establish a prison based industry and a certification by the
22   Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy.
23   The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in
24   accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The
25   procedures shall be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to
26   establish or continue prison based operations whenever the wage to be paid is less than the Federally established minimum wage.
27   The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by
28   the Budget and Control Board prior to implementation. The Department of Corrections shall annually submit an audit report of the
29   program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs
30   Committee. The provisions of the section shall not be construed to apply to traditional prison industries as authorized in Section
31   24-3-320 of the 1976 Code.
32      37.22. (CORR: Correctional Officer Retention Incentives) In order to positively impact the retention of qualified correctional
33   officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to
34   expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost.
35   These services may include, but are not limited to, the provision of haircuts, the cleaning of agency uniforms, and other matters
36   that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the
                                                                                                                               PAGE 461

 1   Department of Corrections. The price for such services, if any, shall be determined by the Director of the Department of
 2   Corrections. Any funds generated by such activities may be retained by the Department of Corrections and applied to costs
 3   associated with the operation of correctional officer retention incentives.
 4      37.23. (CORR: Major Renovations and Repairs) The Department of Corrections may utilize any existing bond funds approved
 5   by the 1997 Bond Act for the construction of new beds and particularly those currently designated for construction of beds at
 6   MacDougall Correctional Institution and maximum security beds at Kirkland Correctional Institution, for major renovations and
 7   repairs and/or the construction of new beds as the budget and inmate population dictate.
 8      37.24. (CORR: Funds From Developmentally Disabled Inmates Services) Monies generated by inmates engaged in the cleaning
 9   and waxing of private vehicles, or any other adult work activity center, shall be placed in a special account and utilized for services
10   for developmentally disabled inmates.
11      37.25. (CORR: Release of Inmates) The Director of the Department of Corrections and other persons having charge of
12   prisoners who are required to serve a period of six months or more, shall may release such prisoners on the first day of the month in
13   which their sentences expire, and if the first day of the month falls on a Saturday, Sunday, or a legal holiday, such prisoners may be
14   released on the last weekday prior to the first of the month which is not a holiday, Saturday or Sunday.
15      37.26. (CORR: Western Union Funding) All funds received by the S.C. Department of Corrections from the Western Union
16   Quick Collect Revenue Sharing Program or similar private sector entities, which provides payment for processing electronic
17   transfers into the E. H. Cooper Trust Fund, shall be retained by the S.C. Department of Corrections and credited to a fund entitled
18   “Inmate Welfare Fund” to be expended for the benefit of the inmate population.
19      37.27. (CORR: Monitoring Fees) The Department of Corrections is authorized to charge an inmate who participates in
20   community programs a reasonable fee for the cost of supplying electronic and telephonic monitoring. The fees charged may not
21   exceed the actual cost of the monitoring.
22      37.28. (CORR: Dairy Processing Operation Expansion) Subject to the review of the Joint Bond Review Committee and
23   approval of the Budget and Control Board, the Department of Corrections is authorized to borrow an amount not to exceed
24   $6,000,000 for the purpose of constructing and equipping a new Dairy Processing Operation to be located at its Wateree River
25   Farm facility. The State Treasurer is authorized to negotiate the terms and conditions of a loan, revenue bond, or other financing
26   arrangement, the indebtedness for which must be repaid exclusively from either net revenues derived from operations of the new
27   Dairy Processing Operation or other Department of Corrections funds.
28      37.29. (CORR: Inmate Insurance Policies) The Department of Corrections may collect and record private health insurance
29   information from incarcerated individuals. The department may file against any private insurance policy covering an inmate to
30   recoup any health care expenditures covered by the policy. Health care will be provided in accordance with law and standards
31   regardless of whether or not an inmate is covered by insurance.
32      37.30. (CORR: Work Release Transportation Fee) The South Carolina Department of Corrections is authorized to charge a
33   $1.00 per-day transportation fee to participants in the work release program only when such transportation is provided by the
34   department. Monies collected shall be credited to the South Carolina Department of Corrections, and utilized solely to fund
35   transportation of work release participants and vehicle replacement for the work release program.
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 1      37.31. (CORR: Stevenson Correctional Institution) The Department of Corrections may utilize inmate labor to perform any
 2   portion of the construction/renovation of a food service facility at the Stevenson Correctional Institution and the relocation of a 96-
 3   bed housing unit from the former Greenwood work release facility to the Stevenson Correctional Institution.
 4      37.32. (CORR: Special Assignment Pay Level 2 & 3 Facilities) Funds appropriated for special assignment pay at the
 5   Department of Corrections are for the purpose of addressing vacancies and turnover of staff by providing a pay differential for
 6   certain employees assigned to institutions with a Level II or Level III security designation. The funds are to be used for special
 7   assignment pay only and may not be transferred to any other program. If the employee leaves one of the qualifying job classes or
 8   leaves a Level II or Level III institution for a non-Level II or non-Level III facility, they shall no longer be eligible for this special
 9   assignment pay. Only employees in full-time equivalent positions are eligible for this special assignment pay.
10      The special assignment pay is not a part of the employee’s base salary, but is a percentage thereof, and is to be paid as follows:
11       (A) At Level II institutions:
12        (1) 4% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
13        (2) 2% for Sergeants and Lieutenants;
14        (3) 1% for Captains and Majors;
15        (4) 2% for Nursing staff; and
16        (5) 2% for Food Service staff.
17       (B) At Level III institutions:
18        (1) 8% for Correctional Officers including Class Code JD-30 (cadets and Officer I and II positions) and Corporals I and II;
19        (2) 3% for Sergeants and Lieutenants;
20        (3) 1% for Captains and Majors;
21        (4) 3% for Nursing staff; and
22        (5) 3% for Food Service staff.
23
24   SECTION 38 - N08 - DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES
25
26      38.1. (DPPP: Offender-Related Record Information) The department is authorized to collect a fee for providing
27   offender-related record information and for providing responses to freedom of information requests. The fee will be based on the
28   staff time required to compile the information and the costs of supplies, photocopying and postage. The department must continue
29   to remit fee proceeds to the general fund. Fee proceeds in excess of $6,000 may be retained by the department to offset associated
30   costs and be carried forward from one fiscal year to another. Further, the department may accept unconditional gifts of money or
31   personal property.
32      38.2. (DPPP: Sale of Equipment) Notwithstanding any other provision of law, all revenue generated by the Department of
33   Probation, Parole and Pardon Services from the sale of various equipment in excess of $575, less the cost of disposition incurred by
34   the B&C Board, Division of Operations, may be retained and carried forward into the current fiscal year and expended for the
35   purpose of purchasing like items.
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 1      38.3. (DPPP: Restitution Center Housing and Food) The department may set, with the approval of the Budget and Control
 2   Board, the per day charge for housing and food based on the offender’s ability to pay so long as the per day charge does not exceed
 3   the actual costs of those services. This fee is in addition to any supervision fees that may be imposed by the department. The
 4   revenues generated by this per day charge must be used to offset the cost of operating the restitution centers.
 5      38.4. (DPPP: Interstate Compact Application Fee) The department may charge offenders an application fee set by the
 6   department, not to exceed $100, to offenders applying for transfers out of state under the Interstate Compact Act. The application
 7   fee shall be retained by the department to offset the cost of the Interstate Compact Act. All unexpended funds at year-end may be
 8   retained and carried forward by the department to be expended for the same purpose.
 9      38.5. (DPPP: Cost of Extradition) The department may charge offenders a fee based on the number of miles and length of time
10   required to perform an extradition. The fee is to be used to offset the cost of extradition. All unexpended funds at year-end may be
11   retained and carried forward by the department to be expended for the same purpose.
12      38.6. (DPPP: Victim Notification Processing Fee) In addition to any other fee, the department must charge each person
13   applying for a pardon a fifty dollar victim notification processing fee. The fee must be retained by the department and applied to
14   the department’s pardon process.
15      38.7. (DPPP: GED Learn and Earn Program) From the funds appropriated in Part IA, the department may enter into agreements
16   with statewide colleges, technical colleges, and school districts for the purpose of providing GED and GED Prep education to
17   offenders. Offenders of the department enrolled in the program must repay the department the cost of the course and materials
18   within six months of obtaining their GED.
19      38.8. (DPPP: Offender Polygraph) The department may charge a fee to offenders required to have maintenance polygraphs.
20   This fee may not exceed the actual cost of the maintenance polygraph. All unexpended funds at year-end may be retained and
21   carried forward by the department to be expended for the same purpose.
22      38.9. (DPPP: Sex Offender Monitoring Carry Forward) The Department of Probation, Parole and Pardon Services is
23   authorized to carry forward any unexpended funds in the Sex Offender Monitoring program. These funds must be used for the sex
24   offender monitoring program. For the purpose of calculating the amount of funds which may be carried forward by the
25   department, Sex Offender Monitoring program funds carried forward by this provision shall be excluded from the calculation of
26   the carry forward authorized by provision elsewhere in this Act.
27
28   SECTION 39 - N12 - DEPARTMENT OF JUVENILE JUSTICE
29
30     39.1. (DJJ: Meal Ticket Revenue) The revenue generated from sale of meal tickets by the Department of Juvenile Justice shall
31   be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency’s cafeterias
32   and food service programs.
33     39.2. (DJJ: Interstate Compact Revenue) The revenue returned to the Interstate Compact Program shall be retained and carried
34   forward into the current fiscal year by the agency and expended for the operation of the program.
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 1      39.3. (DJJ: Educational Funds Audit) Notwithstanding the provisions of the Education Finance Act, the South Carolina
 2   Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a schedule
 3   established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in Regulation 43175.
 4      39.4. (DJJ: Children’s Projects Revenue) Funds generated from the projects undertaken by children under the supervision of the
 5   Department of Juvenile Justice may be retained by the department and utilized for the benefit of those children. Such funds may be
 6   carried forward into the following fiscal year.
 7      39.5. (DJJ: Revenues Generated) All revenues generated from USDA federal grants, the Education Finance Act (EFA), the
 8   Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended by the
 9   Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these programs.
10      39.6. (DJJ: Instructional Salaries) The certified instructional personnel of the Department of Juvenile Justice shall receive a
11   percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional personnel
12   throughout the State.
13      39.7. (DJJ: Juvenile Justice Parole Board Compensation) The department is authorized to pay the Juvenile Justice Parole Board
14   member up to $200 per day for services rendered to the agency in the performance of their official duties. The total amount of
15   agency funds which can be utilized in this manner cannot exceed $48,000 per year and is subject to base budget reductions.
16      39.8. (DJJ: Reimbursements for Expenditures) Notwithstanding any other provision of law, the Department of Juvenile Justice
17   may retain for general operating purposes any reimbursement of funds for expenses incurred in a prior fiscal year.
18      39.9. (DJJ: Juvenile Arbitration/Community Advocacy Program) The amount appropriated and authorized in this section for
19   the Juvenile Arbitration Program shall be retained and expended by the Department of Juvenile Justice for the purpose of providing
20   juvenile arbitration services through the sixteen (16) Judicial Circuit Solicitors’ offices in the state and used to fund necessary
21   administrative and personnel costs for the programs.
22      The Department of Juvenile Justice shall contract with Solicitors to administer the Juvenile Arbitration Program and disburse up
23   to $60,000 per Judicial Circuit based on services rendered. The amount payable to Solicitors may vary based on consistent
24   adherence to established statewide program guidelines to assess program performance.
25      The $175,000 $250,000 appropriated for the Community Advocacy Program in the first Judicial Circuit, will be used to fund
26   necessary administrative and personnel costs for this status offender diversion program. The Department of Juvenile Justice shall
27   monitor and provide support to this program.
28      All unexpended funds may be retained and carried forward from the prior fiscal year to be used for the same purposes.
29      39.10. (DJJ: Sale of Real Property) After receiving approval from the Budget and Control Board for the sale of property, the
30   department is authorized to retain revenues associated with the sale of department-owned real property and may expend these
31   funds on capital improvements reviewed by the Joint Bond Review Committee and approved by the Budget and Control Board.
32      39.11. (DJJ: Sale of Timber) The Department of Juvenile Justice is hereby authorized to sell mature trees and other timber
33   suitable for commercial purposes from lands owned by the department. Prior to such sales, the director shall consult with the State
34   Forester to determine economic and environmental feasibility and to obtain approval for such sales. Funds derived from timber
35   sales shall be retained and utilized for family support services after setting aside a reasonable amount, as determined by the State
36   Forester, for reforestation of the lands from which the trees and timber are sold.
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 1      39.12. (DJJ: Good Behavior Incentive) A child committed to the Department of Juvenile Justice for a determinate period
 2   pursuant to Section 20-7-7810 may be released by the department prior to the expiration of the determinate period for “good
 3   behavior” as determined by the department, after having served at least two-thirds of the time ordered by the court. The court, in
 4   its discretion, may include language in the order indicating that the child is not to be released prior to the expiration of the
 5   determinate period ordered by the court.
 6      39.13. (DJJ: Drug Free Workplace) The critical mission of the Department of Juvenile Justice requires a safe and drug free
 7   work environment. In order to accomplish this, the department may conduct and pay for the cost of pre-employment drug testing
 8   and random employee drug testing. The department is authorized to expend funds in order to provide or procure these services.
 9      39.14. (DJJ: Definition of Juveniles) The Department of Juvenile Justice is authorized to place juveniles in marine and
10   wilderness programs or other community residence programs operated by non-governmental entities. Juveniles receiving services
11   in these community residence programs must either be referred to such a program by the Family Court as a condition of probation,
12   released to such a program by the Board of Juvenile Parole, or voluntarily agree to be assigned and released to such a program by
13   the Department of Juvenile Justice.
14      39.15. (DJJ: Adult Education - GED) Juveniles committed to the Department of Juvenile Justice who have been enrolled in, but
15   not yet completed, a GED educational program while at the department, at the discretion of the local school district, upon release
16   from the department shall be allowed to enroll in either the juvenile’s local school district’s regular education program, in their
17   appropriate grade placement, or allowed to enroll in that district’s or county’s adult education program. If enrolled in an adult
18   education program, the juvenile’s eligibility for taking the GED shall be based upon the regulations promulgated by the
19   Department of Education for youth who are confined in, or under the custody of, the Department of Juvenile Justice.
20      39.16. (DJJ: Credit for Pre-Dispositional Secure Confinement) Juveniles detained in any temporary holding facility or juvenile
21   detention center or who are temporarily committed for evaluation to a Department of Juvenile Justice evaluation center, for the
22   offense for which they are subsequently committed by the Family Court to the custody of the Department of Juvenile Justice, shall
23   receive credit toward their parole guidelines, if indeterminately sentenced, and credit toward their date of release, if determinately
24   sentenced, for each day they are detained in or temporarily committed to any secure pre-dispositional facility, center, or program.
25      39.17. (DJJ: Twelve-Month Funding) Notwithstanding any other provision of law, all funds disbursed to the Department of
26   Juvenile Justice school district by the Department of Education shall be calculated using a base of 235 instructional days rather
27   than a base of 190 instructional days. This includes, but is not limited to, all funding for teacher salary supplements, for
28   instructional purposes or any other funds disbursed to the Department of Juvenile Justice school district’s twelve-month continuous
29   progress education program.
30      39.18. (DJJ: Local District Effort) Upon commitment or confinement to a Department of Juvenile Justice facility, the school
31   district in which that child resides shall pay an amount equivalent to the statewide average of the local base student cost (30%),
32   multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district
33   students to the Department of Juvenile Justice for the time period in which the child is committed or confined to a department
34   facility. EFA funding for school districts is provided for a 180 day school year. The billing provided by the department shall be
35   calculated by dividing the local base student cost by 225 days to determine the daily rate. The department shall notify the school
                                                                                                                                PAGE 466

 1   district in writing within 45 calendar days that a student from the nonresident district is receiving education services pursuant to
 2   this provision. The notice shall also contain the student's name, date of birth, disabling condition if available, and dates of service.
 3      The invoice shall be paid within 60 days of billing, provided the department has provided a copy of the invoice to both the
 4   superintendent and the finance office of the school district being invoiced. Should the school district fail to pay the invoice within
 5   60 days, the department can seek relief from the Department of Education. The Department of Education shall withhold EFA
 6   funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the department. If
 7   adequate funding is not received, the department shall have the flexibility to use funds from other programmatic areas to maintain
 8   an appropriate level of service.
 9      39.19. (DJJ: Detention Per Diem Costs) Notwithstanding any other provision of law, local governments utilizing the juvenile
10   detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per
11   child. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses
12   associated with juvenile services provided by the department. If adequate funding is not received, the department shall have
13   flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
14
15   SECTION 40 - L36 - HUMAN AFFAIRS COMMISSION
16
17      40.1. (HAC: Sale of Publication) All revenue derived from the sale of “The Blueprint” shall be retained, carried forward, and
18   expended for the purpose of general operations of the Human Affairs Commission.
19      40.2. (HAC: Human Affairs Forum Carry Forward) All revenue derived from donations and registration fees received for
20   attendance at Human Affairs Forums shall be retained and carried forward and expended for the purpose of general operations of
21   the Human Affairs Commission.
22      40.3. (HAC: Training Revenue) All revenue derived from fees received from training and technical assistance provided by the
23   Human Affairs Commission to entities other than state agencies shall be retained, carried forward, and expended for the purpose of
24   general operations of the Human Affairs Commission.
25      40.4. (HAC: Revenue from Copying Fees) All revenue derived from providing requested copies of commission files, final
26   opinions, orders, and determinations shall be retained, carried forward, and expended for the purpose of general operations of the
27   Human Affairs Commission.
28
29   SECTION 41 - L46 - COMMISSION FOR MINORITY AFFAIRS
30
31      41.1. (CMA: Private Contributions and Sponsorship) Monies derived from private sources for agency research, forums,
32   training, and institutes may be retained and expended by the commission for the said purpose. Any remaining balance may be
33   carried forward and expended for the same purpose.
34      41.2. (CMA: Carry Forward Registration Fees) Revenue derived from registration fees received from training and institutes
35   may be retained and carried forward for the purpose of conducting future training and institutes.
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 1      41.3. (CMA: Carry Forward Grant Awards) Revenues pooled from public and private sources for the purpose of awarding
 2   grants to address problems in the minority community may be retained and carried forward by the commission.
 3      41.4. (CMA: Carry Forward Bingo Revenues) Bingo revenues received by the commission in the prior fiscal year pursuant to
 4   Section 12-21-4200(3) of the 1976 Code which are not expended during that fiscal year may be carried forward to be expended in
 5   the current fiscal year.
 6      41.5. (CMA: Student Achievement and Vision Education) The Commission for Minority Affairs is directed to study and
 7   document the family and community structures that contribute to or by their absence, exacerbate the problem of poor student
 8   achievement and socioeconomic deprivation. The commission is directed to identify all funding to programs and services that
 9   support family well-being in South Carolina. To identify and document gaps and duplication of services, the commission is
10   directed to develop an assessment tool to survey appropriate agencies regarding services, associated cost, and other relevant
11   information. The following state agencies are required to provide information to the Commission for Minority Affairs: Adjutant
12   General’s Office (Emergency Management Division), Department of Agriculture, Department of Alcohol and Other Drug Abuse
13   Services, Commission for the Blind, Budget and Control Board, Department of Commerce, Department of Consumer Affairs,
14   Department of Corrections, School for the Deaf and the Blind, Department of Disabilities and Special Needs, Education Oversight
15   Committee, Department of Education, Educational Television Commission, Employment Security Commission, Governor’s Office,
16   Department of Health and Environmental Control, Department of Health and Human Services, State Housing, Finance and
17   Development Authority, Department of Juvenile Justice, Department of Mental Health, Department of Probation, Parole and
18   Pardon Services, Department of Social Services, state colleges and universities, and other agencies as the commission deems
19   appropriate.
20      The commission shall compile a report that identifies strengths, weaknesses, and gaps in program support activities that should
21   be addressed to increase positive outcomes to help close the achievement gap, provide community supports that strengthen
22   families, and address inequities confronting minorities in the State. The report shall make recommendations regarding the
23   reallocation of funding, restructuring of agencies and services, and the need for new programs or incentives for public-private
24   partnerships. The report shall be issued to the Governor, the President Pro Tempore of the Senate, the Chairman of the Senate
25   Finance Committee, the Chairman of the Senate Education Committee, the Speaker of the House of Representatives, the Chairman
26   of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of
27   the Legislative Black Caucus and the State Superintendent of Education on or before the first Tuesday of February 2008 for
28   information and further legislative action.
29
30   SECTION 42A - R06 - OFFICE OF REGULATORY STAFF
31
32      42A.1. (ORS: Transportation Fee Refund) The Transportation Department of the Office of Regulatory Staff is hereby
33   authorized to make refunds of fees which were erroneously collected.
34      42A.2. (ORS: Assessment Certification) Office of Regulatory Staff shall certify to the Department of Revenue the amounts to
35   be assessed to cover appropriations in this section as follows: (1) the amount applicable to the assessment on public utility,
36   telephone utility, radio common carrier and electric utility companies as provided for by Section 58-4-60, Code of Laws of 1976,
                                                                                                                             PAGE 468

 1   (2) the amount to be assessed against gas utility companies as provided for in Section 58-5-940, Code of Laws of 1976, (3) the
 2   amount to be assessed against electric light and power companies as provided for in Sections 58-4-60 and 58-27-50, Code of Laws
 3   of 1976, and (4) the amount to be covered by revenue from motor transport fees as provided for by Section 58-23-630, and other
 4   fees as set forth in Section 58-4-60, Code of Laws of 1976. The amount to be assessed against railroad companies shall consist of
 5   all expenses related to the operations of the Railway subprogram of the Agency’s Transportation Division, to include the related
 6   distribution of salary increments and employer contributions not reflected in the related subprogram of this act as set forth in
 7   Section 58-4-60, Code of Laws of 1976.
 8      42A.3. (ORS: Assessment Adjustments) If the Office of Regulatory Staff determines that a person or entity subject to Title 58
 9   of the 1976 Code has been assessed an amount greater than that authorized by Sections 58-4-60, 58-3-100 and 58-3-540, the Office
10   of Regulatory Staff shall, at its discretion:
11         (a) refund the person or entity the amount of over collection using funds from the current fiscal year;
12         (b) refund the person or entity the amount of over collection using any unexpended funds from the prior fiscal year;
13         (c) credit the amount the person or entity will be assessed in the next fiscal year for the amount of over collection; or
14         (d) any combination of these.
15      The Office of Regulatory Staff, when determining the amount to be assessed in the next fiscal year, may take into consideration
16   any underpayment or overpayment by a person or entity during a given year.
17      Notwithstanding any other provision of law, any unexpended funds from revenue generated pursuant to this section may be
18   retained and carried forward and expended for the same purposes.
19   SECTION 43 - R08 - WORKERS’ COMPENSATION COMMISSION
20
21     43.1. (WCC: Medical Services Provider Manual Revenue) All revenue earned from the sale of the commission’s publication
22   Medical Services Provider Manual shall be retained by the agency to be used for the printing and distribution of subsequent revised
23   editions of the schedule.
24     43.2. (WCC: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the agency to
25   be used for the printing of educational materials and other expenses related to conducting the seminar.
26     43.3. (WCC: In-House Mailbox Rental Fees) The Workers’ Compensation Commission is authorized to charge $300 per year
27   for the rental of an in-house mailbox and to retain and expend all revenues received from the rental charges to offset mailing costs.
28     43.4. (WCC: Retention of Filing Fees) The Workers’ Compensation Commission is authorized to retain and expend all
29   revenues received as a result of a $25.00 filing fee for each requested hearing, settlement, or motion. If it is determined that the
30   individual is indigent, this filing fee must be waived.
31
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 1   SECTION 44 - R12 - STATE ACCIDENT FUND
 2
 3     44.1. (SAF: Educational Seminar Revenue) The State Accident Fund is authorized to set and collect fees for educational
 4   seminars. All revenue earned from educational seminars shall be retained by the agency and used for supplies, materials, and other
 5   expenses relating to the seminars.
 6
 7   SECTION 47 - R20 - DEPARTMENT OF INSURANCE
 8
 9      47.1. (INS: Examiners Travel/Subsistence Reimbursement) Notwithstanding the limitations in this act as to amounts payable or
10   reimbursable for lodging, meals, and travel, the Department of Insurance is authorized to reimburse department examiners in
11   accordance with guidelines established by the National Association of Insurance Commissioners only when the State is reimbursed
12   by an insurance company for the travel and subsistence expenses of Insurance Department examiners pursuant to S. C. Code
13   Section 38-13-10, 1976.
14      47.2. (INS: Reimbursement Carry Forward) Reimbursements received for Data Processing Services, Revenue, Miscellaneous
15   Revenue and Sale of Listings and Labels shall be retained for use by the department. These funds may be carried forward in the
16   current fiscal year. The Department of Insurance is authorized to pay the annual dues, not to exceed $10,000 for the South Carolina
17   Senate and the South Carolina House of Representatives for membership in the National Council of Insurance Legislators from
18   funds collected under this proviso.
19
20   SECTION 48 - R23 - BOARD OF FINANCIAL INSTITUTIONS
21
22      48.1. (FI: Supervisory Fees) The Board of Financial Institutions shall fix supervisory fees of banks, savings and loan
23   associations and credit unions on a scale which, together with fees collected by the Consumer Finance Division will fully cover the
24   total funds expended under this section.
25
26   SECTION 49 - R28 - DEPARTMENT OF CONSUMER AFFAIRS
27
28      49.1. (CA: Consumer Protection Code Violations Revenue) Funds, paid to the department in settlement of cases involving
29   violations of the South Carolina Consumer Protection Code and other statutes enforced by the department be retained and
30   expended within the agency’s budget to help offset the costs of investigating, prosecuting, and the administrative costs associated
31   with these violations, may be carried forward and expended for the same purposes in the current fiscal year.
32      49.2. (CA: Student Athlete/Agents Registration) Funds received by the department of Consumer Affairs pursuant to
33   registrations under Chapter 102 of Title 59 of the 1976 Code may be retained by the department for its enforcement duties relating
34   to athlete agents and student athletes under that chapter.
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 1      49.3. (CA: Expert Witness/Assistance Carry Forward) Unexpended encumbered appropriated funds for the Consumer
 2   Advocacy expert witness/assistance program (under Section 37-6-603) may be carried forward into the next fiscal year to meet
 3   contractual obligations existing at June 30 and not paid by July 31.
 4      49.4. (CA: Prepaid Legal Services Fee) The Department of Consumer Affairs may collect a fee of forty dollars with each initial
 5   or renewal filing for an individual seeking to be appointed as a representative of a prepaid legal services company and may use the
 6   proceeds to offset the costs of administering and enforcing Chapter 16 of Title 37 of the S. C. Code of Laws.
 7      49.5. (CA: Registered Credit Grantor Notification and Maximum Rate filing fees) The Department of Consumer Affairs may
 8   collect a fee of $120 for persons required to file Consumer Credit Grantor Notification under Section 37-6-203. The department
 9   may retain $30 of the fee to offset the cost of administering and enforcing Chapter 6 of Title 37 of the S.C. Code of Laws. The
10   department may collect a fee of $40 per location for persons required to file maximum rate schedules under Section 37-2-305 and
11   Section 37-3-305. The department may retain $30 of the maximum rate schedule filing fee to offset the cost of administering and
12   enforcing chapters 2 and 3 of Title 37 of the S.C. Code of Laws. The revenue generated and retained for the department may be
13   applied to the cost of operations, and any unexpended balances may be carried forward to the current fiscal year and utilized for the
14   same purposes.
15
16   SECTION 50 - R36 - DEPARTMENT OF LABOR, LICENSING AND REGULATION
17
18     50.1. (LLR: Fire Marshal - Authorization to Charge Fees for Training) The Fire Academy may charge participants a fee to
19   cover the cost of education, training programs, and operations. The revenue generated may be applied to the cost of operations,
20   and any unexpended balance may be carried forward to the current fiscal year and utilized for the same purposes.
21     50.2. (LLR: Real Estate - Special Account) Revenue in the Real Estate Appraisal Registry account shall not be subject to fiscal
22   year limitations and shall carry forward each fiscal year for the designated purpose.
23     50.3. (LLR: POLA - 110%, Other Funds) The Professional and Occupational Offices in Program II.F. Professional and
24   Occupational Licensing must remit annually an amount equal to 10% of the expenditures to the general fund. The Contractor’s
25   Licensing Board must remit all revenues above their expenditures to the general fund. The revenue remitted by the Contractor’s
26   Licensing Board to the general fund includes the 10%.
27     50.4. (LLR: Fire Marshal Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulations - Division of the
28   State Fire Marshal is authorized to accept gifts or grants of services, properties, or monies from individuals or public and private
29   organizations to honor South Carolina firefighters who have died in the line of duty. All excess monies collected to erect a
30   memorial are to be placed in a fund for upkeep and maintenance. Any later contributions are to be used for upkeep and
31   maintenance.
32     50.5. (LLR: Firefighter Mobilization Project) The Department is directed to utilize $165,000 of the funds derived under Section
33   2 of Act 1377 of 1968, as amended by Act 60 of 2001 from the tax of thirty-five one-hundredths percent imposed annually on the
34   gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium
35   deposits of all fire insurance companies doing business in the State to fund the Firefighter Mobilization Project.
                                                                                                                                  PAGE 471

 1      50.6. (LLR: Cosmetologist, Esthetician, Manicurists License) Notwithstanding the provisions of Section 40-7-280 or any other
 2   provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 of Title 40 may practice, within
 3   the scope of practice authorized by the person’s license, in a barbershop registered in accordance with this chapter.
 4      50.7. (LLR: Match for Federal Funds) State appropriations to the Department of Labor, Licensing, and Regulation that are
 5   required to provide match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and
 6   expended for the same purpose as originally appropriated.
 7      50.8. (LLR: FLS - Instructor Clothing) The Department of Labor, Licensing and Regulation is authorized to purchase and issue
 8   clothing to the staff of the State Fire Academy.
 9
10   SECTION 51 - R60 - EMPLOYMENT SECURITY COMMISSION
11
12      51.1. (ESC: Salary Level) The salaries of the Chairman, the Commissioners, and the Agency Director of the Employment
13   Security Commission shall be no less than that agreed to by the United States Department of Labor.
14      51.2. (ESC: SCOICC User Fee Carry Forward) All user fees collected by the S.C. Occupational Information Coordinating
15   Committee through the Employment Security Commission may be retained by the SCOICC to be used for the exclusive purpose of
16   operating the S.C. Occupational Information System. All user fees not expended in the prior fiscal year may be carried forward for
17   use in the current fiscal year.
18      51.3. (ESC: Consortium Contracts: Training-Development Sessions and Media Services) All earmarked funds collected for the
19   LMI - Training-Development Sessions; the ALMIS LMI Training Institute; Media Services and Program Contracts through the
20   South Carolina Employment Security Commission may be retained by the agency to be used for the exclusive purpose of operating
21   these programs. All funds not expended in the prior fiscal year may be carried forward for use in the current fiscal year.
22      51.4. (ESC: Spartanburg County Land Acquisition) The Employment Security Commission is authorized to expend up to
23   $500,000 of funds made available to the State under Section 903 of the United States Social Security Act, as amended. The funds
24   must be used under the direction of the Employment Security Commission, for the purpose of acquiring land in Spartanburg
25   County on which to erect a building for the use of the Employment Security Commission. Approval of the site must be obtained
26   from the Spartanburg delegation with a three-fourth vote based on weighted population. No part of the money herein appropriated
27   may be obligated after a two-year period beginning on July 1, 2005. The amount obligated pursuant to this proviso shall not at any
28   time exceed the amount by which (a) the aggregate of amounts transferred to the accounts of the State pursuant to Section 903 of
29   the Social Security Act exceeds (b) the aggregate of the amounts obligated for administration and paid out for administration and
30   paid out for benefits and required by law to be charged against the amounts transferred to the account of this State.
31      51.5. (ESC: SCOIS Federal Funds) Should the commission receive funds from the federal government for the South Carolina
32   Occupational Information System (SCOIS) program, the commission shall return an equivalent amount of general funds, up to
33   $306,833, to the General Fund of the State. The commission shall notify the Chairman of the Senate Finance Committee and the
34   Chairman of the House Ways and Means Committee of such action.
35
                                                                                                                               PAGE 472

 1   SECTION 53 - U12 - DEPARTMENT OF TRANSPORTATION
 2
 3      53.1. (DOT: Expenditure Authority Limitation) The Department of Transportation is hereby authorized to expend all cash
 4   balances brought forward from the previous year and all income including all federal funds, unexpended general funds and
 5   proceeds from bond sales accruing to the Department of Transportation, but in no case shall the expenditures of the Department of
 6   Transportation exceed the amount of cash balances brought forward from the preceding year plus the amount of all income
 7   including federal funds, general funds and proceeds from bond sales.
 8      53.2. (DOT: Special Fund Authorization) The Department of Transportation with the approval of the State Treasurer, is hereby
 9   authorized to set up with the State Treasurer such special funds out of the Department of Transportation funds as may be deemed
10   advisable for proper accounting purposes.
11      53.3. (DOT: Secure Bonds & Insurance) The Department of Transportation is hereby authorized to secure bonds and insurance
12   covering such activities of the department as may be deemed proper and advisable, due consideration being given to the security
13   offered and the service of claims.
14      53.4. (DOT: Benefits) Employees of the Department of Transportation shall receive equal compensation increases, health
15   insurance benefits and employee bonuses provided in this act for employees of the State generally. The amount will be funded
16   from Department of Transportation funding sources.
17      53.5. (DOT: Document Fees) The Department of Transportation is hereby authorized to establish an appropriate schedule of
18   fees to be charged for copies of records, lists, bidder’s proposals, plans, maps, etc. based upon approximate actual costs and
19   handling costs of producing such copies, lists, bidder’s proposals, plans, maps, etc.
20      53.6. (DOT: Commissions Per Diem, Subsistence, Mileage) Members of the Department of Transportation Commission shall
21   receive such per diem, subsistence and mileage for each official meeting as is provided by law for members of boards,
22   commissions, and committees.
23      53.7. (DOT: Contract Mass Transit System) Notwithstanding any other provision of law, the Department of Transportation is
24   hereby authorized to directly contract mass transit funds with any private operator of a mass transit system to provide service to the
25   general public; provided, that a plan of service has been established and approved by the local general purpose government which
26   has jurisdiction for the area to be served, and approved by the department, the Transportation Commission and the federal
27   government.
28      53.8. (DOT: Relax Design/Construction Standards Authority) In recognition of budgetary restraints, the Department of
29   Transportation, its commission, officers and employees, are herewith granted the discretionary authority to relax design and
30   construction standards for the current fiscal year, with respect to highway projects in the secondary state highway system, and the
31   exercise of such discretionary authority to relax design and construction standards shall not give rise to any liability on the part of
32   the department, its commission, officers and employees.
33      53.9. (DOT: Coordinate Transportation Funding and Resources) The Department of Transportation shall continue to carry out
34   and enhance the coordination planning and demonstration process for public transportation funding and resources established
35   during the prior fiscal year. A progress report shall be submitted to the General Assembly on or before January 15 each year.
36   Notwithstanding any other provision of law, the progress report required by this section may be combined with the Department of
                                                                                                                             PAGE 473

 1   Transportation Annual Report required pursuant to Section 57-3-760 and the Mass Transit Division Report required by Section 57-
 2   3-40, Code of Laws, 1976, as amended. The intent of this proviso is to improve access and delivery of transportation services,
 3   especially in rural areas. In planning and developing mechanisms for increasing coordination of funding streams and resources at
 4   both the state and local levels, the Department of Transportation shall work with each agency that provides funding for
 5   transportation and assure input in the process from major local providers of transportation services to the public, including current
 6   providers of coordinated public service.
 7      Any agency, local government or other entity, including nonprofit organizations, using state funds or state-administered federal
 8   funds for the purpose of transporting private citizens on a regular basis, (1) must provide input and information as requested by the
 9   Department of Transportation in a timely manner and in a format specified by the Department of Transportation in order to update
10   data on transportation resources for planning purposes and; (2) show evidence of progress toward the development of or
11   participation in a coordination plan. The Department of Corrections, the Department of Education, school districts and institutions
12   of higher education are exempt from the requirements of this section. No transportation funds may be provided to any entity not in
13   compliance with the requirements of this section.
14      53.10. (DOT: Payroll Deduction for Uniform Rental) The Department of Transportation, upon the written request of an
15   employee, shall make deduction from the employee’s compensation for payments for work related uniform rental.
16      53.11. (DOT: Financial Status Reports) The Department of Transportation must provide to each Metropolitan Planning
17   Organization and Regional Council of Government, as appropriate, a quarterly financial status report of approved highway projects
18   to include authorized project financial obligations and to date project expenditures and percent of completion.
19      53.12. (DOT: Meals in Emergency Operations) The Department of Transportation may provide meals to employees of the
20   department who are not permitted to leave assigned duty stations and are required to work during deployment, emergency
21   simulation exercises, and when the Governor declares a state of emergency.
22      53.13. (DOT: Oversize and Overweight Permits) Notwithstanding any other provision of law, for the current fiscal year, the
23   Department of Transportation may charge the following rates for Oversize and Overweight permits and licenses:
24        Single Trip                                          $ 30.00
25        Excessive Width Over 16’                             $ 35.00
26        Excessive Width Over 18’                             $ 40.00
27        Excessive Width Over 20’                             $ 45.00
28        Excessive Width Over 22’                             $ 50.00
29        Multiple Trip (Annual)                               $ 100.00
30        House Moving License (Annual)                        $ 100.00
31        Superload Application (Non-Refundable)               $ 100.00
32        Superload Engr Analysis Over 130,000 lbs.            $ 100.00
33        Superload Engr Analysis Over 200,000 lbs.            $ 200.00
34        Superload Engr Analysis Over 300,000 lbs.            $ 350.00
35        Superload Impact Fee for Loads Over 130,000 lbs.     $3.00/1,000 lbs.
36        Admin. Fee for Prorating Active Annual Permits $ 10.00
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 1        Admin. Fee for Road Machinery Permits               $ 10.00.
 2      53.14. (DOT: Rest Area Water Rates) For the current fiscal year, rest areas of the Department of Transportation shall be
 3   charged in-district water rates by providers of water and sewer services, unless the rate currently charged by the provider is less
 4   than in-district rates.
 5      53.15. (DOT: Feasibility Study) The Department of Transportation shall conduct a study regarding the widening of the
 6   Interstate 85 Corridor in Cherokee County. The study shall take into consideration traffic conditions, road conditions, and vehicle
 7   miles traveled on the Corridor. The department shall submit a report to the Speaker of the House of Representatives and the
 8   President Pro Tempore of the Senate by June 30, 2007. The report shall include the potential costs and duration of any project
 9   designed to prepare the Corridor for future transportation needs.
10      53.16. (DOT: Shop Road Farmers Market Bypass Carry Forward) Unexpended funds appropriated for the Shop Road Farmers
11   Market Bypass may be carried forward into the current fiscal year and expended for the same purpose.
12      53.17. (DOT: County Transportation Committees) The funds appropriated to the Department of Transportation for County
13   Transportation Committees shall be distributed pursuant to the distribution described in Section 12-28-2740(A) of the 1976 Code,
14   as amended, and shall be used for the purpose of State Road repairs.
15      53.18. (DOT: Traffic Congestion Study) The Department of Transportation shall use an amount not to exceed $75,000 of the
16   funds appropriated to the department, to conduct a study of traffic congestion on state maintained roads. The study shall include
17   as a component of its objective, the development of a cost-per-delay-hour standard. The purpose of the new standard shall be a
18   tool for measuring and mitigating traffic congestion through effective transportation planning. The department shall submit a
19   report to the Governor, the Chairman of Senate Finance Committee and the Chairman of the House Ways & Means Committee by
20   June 30, 2008.
21
22   SECTION 53C - Y14 - STATE PORTS AUTHORITY
23
24     53C.1. (SPA: Charleston Cooper River Bridge Project) The State Ports Authority shall, from other general fund or operating
25   fund surplus available and any funds appropriated to the authority in prior fiscal years and left unexpended as of July 1, 2006 2007,
26   pay to the State Transportation Infrastructure Bank one million dollars before June 30, 2007 2008, to continue the Charleston
27   Cooper River Bridge Project.
28   SECTION 54 - A99 - LEGISLATIVE DEPARTMENT
29
30     54.1. (LEG: Legislative Employee Designations) The positions included in this section designated (P) shall denote a permanent
31   employee and the salary is an annual rate. The positions designated (T) shall denote a temporary employee and the salary is for a
32   period of six months to be paid at that rate only while the General Assembly is in session. The positions designated as (Interim)
33   shall denote a temporary employee and the salary is for a period of six months to be paid at that rate while the General Assembly is
34   not in session. The positions designated (PTT) shall denote part-time temporary employees on a twelve-months basis. The
35   positions designated (PPT) shall denote permanent part-time employees retained for full-time work on a six-months basis or the
                                                                                                                           PAGE 475

 1   duration of the legislative session. The House of Representatives shall maintain an internal record denoting permanent, temporary,
 2   interim, part-time temporary, and permanent part-time employees.
 3      54.2. (LEG: Legislative Employee BPI/Merit) Notwithstanding any other provision of law, legislative employees designated
 4   (P) or (PPT) shall receive base pay and average merit pay in the same manner as such pay is granted to classified state employees,
 5   but for purposes of this paragraph, the term “legislative employees” does not include employees of the House of Representatives.
 6   From the funds appropriated for Employee Pay Increases, the Speaker of the House and the President Pro-Tem of the Senate shall
 7   determine the amount necessary for compensation of the employees of the House and Senate.
 8      54.3. (LEG: Interim Expenses Allowance) The Chairman of the Standing House and Senate Committees shall each be allowed
 9   the sum of six hundred and fifty dollars for expenses during the interim, between sessions of the General Assembly, to be paid
10   from the House or Senate approved accounts, with each body paying the expense allowance of the chairman in its membership.
11   The Speaker of the House is authorized to approve not more than six hundred and fifty dollars for expenses during the interim for
12   Chairmen of the Standing Committees of the House.
13      54.4. (LEG: Subsistence/Travel Regulations) Notwithstanding any other provision of law:
14        a. Members of the General Assembly shall receive subsistence expense equal to the maximum allowable by regulation of the
15   Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other
16   instance in which a member is allowed subsistence expense. No member of the General Assembly except those present are eligible
17   for subsistence on that day. Legislative day is defined as those days commencing on the regular annual convening day of the
18   General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday.
19        b. Standing Committees of the Senate and House of Representatives are authorized to continue work during the interim;
20   however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and
21   Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to
22   meet. If such advanced approval is not received, the members of the General Assembly shall not be paid the per diem authorized
23   in this provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or Standing Committee
24   Chairman, the members serving on such committees shall receive a subsistence as provided in item “a.” above, mileage at the rate
25   provided for by law, and the regular per diem established in this act for members of boards, commissions, and committees while
26   attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the
27   allowable subsistence expense. The funds for allowances specified in this proviso shall be paid to the members of the Senate or
28   House of Representatives from the Approved Accounts of the respective body except as otherwise may be provided.
29        c. Joint Study Committees created pursuant to Acts and Resolutions of the General Assembly are authorized to continue work
30   during the interim to secure such information and complete such investigations as may be assigned to the respective committees;
31   however, House members must receive advanced approval by the Speaker of the House or Standing Committee Chairman and
32   Senate members must receive advanced approval by the President Pro Tempore of the Senate or Standing Committee Chairman to
33   meet. If such advanced approval is not received, the House and Senate members of the Joint Study Committee shall not be paid the
34   per diem authorized in this provision. When certified by the Speaker of the House, President Pro Tempore of the Senate, or
35   Standing Committee Chairman, the members appointed to such committees shall receive a subsistence as provided in item “a.”
36   above, mileage at the rate provided for by law, and the regular per diem established in this act for members of boards,
                                                                                                                           PAGE 476

 1   commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for
 2   lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this proviso shall be paid from funds
 3   appropriated to the respective committees for such purposes, or from Approved Accounts of the respective body of the General
 4   Assembly if no funds have been appropriated to such a committee for these purposes.
 5        d. Members of the Senate and the House of Representatives when traveling on official State business shall be allowed a
 6   subsistence as provided in item “a.” above, transportation expenses as provided for by law, and the regular per diem established in
 7   this act for members of boards, commissions, and committees upon approval of the appropriate chairman. When traveling on
 8   official business of the Senate or the House of Representatives not directly associated with a committee of the General Assembly,
 9   members shall be paid the same allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House
10   of Representatives. In either instance, the members may elect to receive actual expenses incurred for lodging and meals in lieu of
11   the allowable subsistence expense. The funds for the allowances specified in this proviso shall be paid from the Approved
12   Accounts of the Senate or the House of Representatives or from the appropriate account of the agency, board, commission, task
13   force or committee upon which the member serves.
14        e. Members of the House of Representatives shall not be reimbursed for per diem or travel in connection with any function
15   held outside of the regular session of the General Assembly unless prior approval has been received from the Speaker of the House.
16        f. Mileage reimbursement and per diem for members of the General Assembly shall be at the rate provided for by law.
17      54.5. (LEG: Senate Voucher Approval) All payroll vouchers, disbursement vouchers, and interdepartmental transfers of the
18   Senate shall only require the approval of the Clerk of the Senate.
19      54.6. (LEG: Supplies Approval) Notwithstanding any other provision of law, all supplies for the Senate shall be purchased only
20   upon the authority of the Clerk of the Senate and all supplies for the House of Representatives shall be purchased only upon the
21   authority of the Clerk of the House.
22      54.7. (LEG: House Pages) Up to one hundred forty-four Pages may be appointed as provided in the House Rules and they shall
23   be available for any necessary service to the House of Representatives.
24      54.8. (LEG: Leg. Council Employment/Salary Adjustments) Notwithstanding any limitation or other provision of law to the
25   contrary, the Legislative Council may adjust salaries for Legislative Council personnel. Any adjustments made must be paid from
26   funds appropriated for the council or from the funds appropriated to the council under Part IA, Section 54C for this purpose, or
27   both.
28      54.9. (LEG: Senate Research Personnel Compensation) Notwithstanding any other provision of law, Senate Research personnel
29   other than Directors of Research and the committee research staff shall be paid from funds appropriated for Senate Research at the
30   direction of the Clerk of the Senate.
31      54.10. (LEG: Contract for Services) The Standing Committees of the Senate may, upon approval of the President Pro Tempore,
32   contract with state agencies and other entities for such projects, programs, and services as may be necessary to the work of the
33   respective committees. Any such projects, programs, or services shall be paid from funds appropriated for contractual services.
34      54.11. (LEG: Jt. Leg. Committee Operational Authorization) Only the Joint Legislative Committees for which funding is
35   provided herein are authorized to continue operating during the current fiscal year under the same laws, resolutions, rules or
36   regulations which provided for their operations during the prior fiscal year.
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 1      54.12. (LEG: Legislative Carry Forward) In addition to the funds appropriated in this section, the funds appropriated under Part
 2   IA, Sections 54A, 54B, 54C, 54D, and 54E for the prior fiscal year which are not expended during that fiscal year may be carried
 3   forward to be expended for the same purposes in the current fiscal year.
 4      54.13. (LEG: Senate Expenditures/O&M Committee) Notwithstanding any limitation or other provisions of law to the contrary,
 5   funds expended by the Senate for salary adjustments, professional fees and dues, and necessary expenses, supplies, and equipment
 6   for Senate employees, must be paid from funds appropriated to the Senate Operations and Management Committee and funds
 7   available in approved accounts of the Senate, and shall be authorized and allocated in such manner as determined by the Senate
 8   Operations and Management Committee. From the funds annually allocated to each Senator and Representative for postage and
 9   telephone, $250 may be used to purchase American and State flags.
10      54.14. (LEG: Dues) The funds provided herein for the Council of State Governments and the National Conference of State
11   Legislatures are appropriated to be paid as dues to the respective organizations and these funds shall not be transferred to any other
12   program.
13      54.15. (LEG: In-District Compensation) All members of the General Assembly shall receive an in-district compensation of
14   $1,000 per month effective January 1, 1995.
15      54.16. (LEG: Additional House Support Personnel) The funds provided for Legislative/Constituent Services are appropriated
16   for the purpose of providing additional support personnel to assist House members who are not already being furnished with direct
17   legislative assistance in the conduct of their legislative responsibilities. This amount shall be used for staffing requirements where
18   necessary for part time personnel. The additional personnel may be used only in compliance with Section 8-13-1346(A) of the
19   South Carolina Code of Laws. At a member’s request, the House Operations and Management Committee may use any
20   unexpended portion of a member’s allotment to purchase equipment for a member’s office. The amount herein appropriated for
21   additional support personnel shall be allocated to eligible members as follows: For fiscal years beginning in even years, an eligible
22   member is allowed an allocation of $500 beginning July 1, as approved by the Speaker of the House. An additional $2,000
23   allotment, as approved by the Speaker of the House, is allowed when the eligible member’s election to the upcoming General
24   Assembly is certified or at the time the member is unopposed for the general election, whichever occurs first. A member elected to
25   a full term in the House of Representatives, who did not serve in the General Assembly preceding the election, is allowed an
26   allocation of $2,000, as approved by the Speaker of the House, from the time the member’s election is certified until the end of the
27   then current fiscal year. For fiscal years beginning in odd years, eligible members are allowed an allocation of $2,500, as approved
28   by the Speaker of the House. Whenever a member is elected to fill an unexpired term, the allotment must be prorated on a monthly
29   basis. The amounts provided above as allotments for members are provided for an aide’s compensation, exclusive of employer
30   contributions. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his
31   allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense
32   of that aide.
33      54.17. (LEG: House Postage) The Speaker of the House is authorized to approve no more than $600 per member per fiscal year
34   for postage.
35      54.18. (LEG: Legislative Dual Employment) Each committee and joint legislative committee provide a list to the members of
36   the General Assembly of all employees who hold dual positions of state employment.
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 1      54.19. (LEG: Leg. Council Combined Position) The Director of the Legislative Council, with the approval of the council, is
 2   authorized to combine two or more stenographic, clerical, technical assistant, or administrative assistant positions into one with a
 3   job description for the combined position to be approved by the council, with a compensation level also approved by the council.
 4   The appropriations or any portion thereof for the positions combined into one may be used to fund the combined position.
 5      54.20. (LEG: Joint Legislative Committee on Aging Expenses) Members of the Joint Legislative Committee on Aging shall
 6   receive mileage, per diem, and subsistence as provided by law for members of boards, committees, and commissions. Members of
 7   the committee who are Senators shall have their expenses paid by the Senate, and members of the House shall have their expenses
 8   paid by the House of Representatives. Committee members who are appointed by the Governor shall have their expenses paid
 9   from funds appropriated to the Governor.
10      54.21. (LEG: Teacher Certificate/Recertification Staff Exemption) Legislative employees may have made available to them,
11   $100 to pay toward teacher recertification or may request and be granted an exemption from Section 2-1-120 which shall be
12   extended to include staff of the General Assembly.
13      54.22. (LEG: Code of Law Reimbursement) The Legislative Council may require reimbursement from public sector recipients
14   except for the General Assembly and courts of record in the unified judicial system of its cost of acquiring codes of law,
15   supplements, or replacement volumes distributed to them.
16      54.23. (LEG: House Funds) Funds appropriated to the House of Representatives pursuant to Act 66 of 2001 may be retained
17   and carried forward into the current fiscal year and expended for the purpose of covering expenses of the House’s programs and
18   operations.
19      54.24. (LEG: Uniform Expungement Study) There is created a joint study committee to examine the feasibility of creating a
20   uniform expungement law. The committee shall consist of six members, appointed as follows: three members by the Speaker of
21   the House of Representatives and three members by the President Pro Tempore of the Senate. The committee must submit its
22   report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by February 1, 2007. All costs
23   associated with the committee shall be borne by the appointing body, from funds appropriated in Part 1A, Sections 54A and 54B.
24   SECTION 55 - C05 - ADMINISTRATIVE LAW COURT
25
26      55.1. (ALJ: Copying Costs Revenue Deposit) The Administrative Law Judge Division shall retain and expend, for the same
27   purpose for which it is generated, all revenue received during the current fiscal year as payment for printing and distributing copies
28   of court rules and other agency documents.
29      55.2. (ALJ: County Office Space for Judges) Every county shall provide for each Administrative Law Judge residing therein,
30   upon their request, an office within the existing physical facilities if space is available, to include all utilities and a private
31   telephone. The request shall only be made provided that the judge’s residence is not within fifty miles of the official headquarters
32   of the agency by which the Administrative Law Judge is employed.
33      55.3. (ALJ: Filing Fees) Each request for a contested case hearing, notice of appeal, or request for injunctive relief before the
34   division Administrative Law Court must be accompanied by a filing fee equal to that charged in circuit court for filing a summons
35   and complaint, unless another filing fee schedule is established by rules which shall be promulgated by the division Administrative
36   Law Court, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the
                                                                                                                              PAGE 479

 1   Constitution. (Article V, Section 4A requires submission to the Judiciary Committee of each House and are effective 90 days from
 2   submission unless disapproved by the General Assembly.) This fee must be retained by the division Administrative Law Court in
 3   order to help defray the costs of the proceedings. No filing fee shall be required in administrative appeals by inmates from final
 4   decisions of the Department of Corrections or the Department of Probation, Pardon and Parole. However, if an inmate files six
 5   three administrative appeals during a calendar year, then each subsequent filing during that year must be accompanied by a twenty-
 6   five dollar filing fee. If the presiding administrative law judge determines at the conclusion of the proceeding that the case was
 7   frivolous or taken solely for the purpose of delay, the judge may impose such sanctions as the circumstances of the case and
 8   discouragement of like conduct in the future may require.
 9      55.4. (ALJ: Code of Laws) The Administrative Law Court is not required to reimburse Legislative Council for the cost of
10   acquiring codes of law, supplements, or replacement volumes distributed to them.
11
12   SECTION 56DD - D21 - GOVERNOR’S OFFICE
13
14     56DD.1. (GOV: OEPP - Grant Funds Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in Part IA,
15   Section 56C “Implementing Federal Programs” may be carried forward to the current fiscal year and used for matching committed
16   and/or unanticipated grant funds.
17     56DD.2. (GOV: OEPP - Developmental Disabilities Program) The South Carolina Developmental Disabilities Program of the
18   Office of the Governor, Office of Executive Policy and Programs is authorized to provide aid to sub-grantees for projects and
19   services to benefit persons with developmental disabilities. The intent of this provision is not to duplicate other state agency
20   programs which are considered the legal and programmatic mandate of existing state agencies, but rather to fill gaps that exist in
21   the state service delivery system related to his target population as identified and addressed in the Developmental Disabilities State
22   Plan.
23     56DD.3. (GOV: OEPP - Development Disabilities Case Coordination System) $112,559, less any pro rata share adjustment of
24   any mandated base budget reduction, of the sums appropriated under OEPP, Allocations to Other State Agencies must be for the
25   South Carolina Development Disabilities Case Coordination System.
26     56DD.4. (GOV: OEPP - CCRS Evaluations & Placements) The amount appropriated in this section under Special Items
27   Children’s Case Resolution System for Private Placement of Handicapped School-Age Children must be used for expenses
28   incurred in the evaluation of children referred to the CCRS to facilitate appropriate placement and to pay up to forty percent when
29   placement is made in-state and up to thirty percent when placement must be made out-of-state of the excess cost of private
30   placement over and above one-per-pupil share of state and local funds generated by the Education Finance Act, and the
31   one-per-pupil share of applicable federal funds; provided it has been established that all other possible public placements are
32   exhausted or inappropriate. The balance of funding responsibility necessary to provide the child with services must be determined
33   by the Children’s Case Resolution System (CCRS) and apportioned among the appropriate public agencies on the basis of the
34   reasons for the private placement. When the amount appropriated in this section is exhausted, the funding responsibility must be
35   apportioned according to the procedures of the CCRS.
                                                                                                                             PAGE 480

 1      56DD.5. (GOV: SLED - Special Account Carry Forward) Funds awarded to the State Law Enforcement Division by either
 2   court order or from donations or contributions shall be deposited in a special account with the State Treasurer, and shall be carried
 3   forward from year to year, and withdrawn from the Treasurer as needed to fulfill the purposes and conditions of the said order,
 4   donations or contributions, if specified, and if not specified, as may be directed by the Chief of the State Law Enforcement
 5   Division. Funds expended from the special account must be annually reported by October 1 to the Senate Finance Committee and
 6   the Ways and Means Committee.
 7      56DD.6. (GOV: SLED - Computer/Communications Center Carry Forward) Revenue generated from the operation of the
 8   division’s criminal justice computer/communications center and not expended during the prior fiscal year may be carried forward
 9   and expended for the same purpose during the current fiscal year.
10      56DD.7. (GOV: SLED - Criminal Record Search Fee) (1) The State Law Enforcement Division shall charge and collect a fee
11   of $25 for each criminal record search conducted pursuant to Regulations contained in Chapter 73, Article 3, Subarticle 1 of the
12   Code of State Regulations. All revenue generated up to an amount of four million four hundred sixty-one thousand dollars
13   collected from the criminal record search fee must be deposited to the General Fund of the State; any revenue generated above this
14   amount shall be collected, retained, expended, and carried forward by the State Law Enforcement Division for agency operations.
15   The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited.
16   The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law,
17   criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of
18   whether a corresponding judicial finding or disposition is part of the record.
19        (2) The fee allowed under paragraph (1) is fixed at eight dollars if the criminal record search is conducted for a charitable
20   organization, a bona fide mentor, or for the use of a charitable organization.
21      The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is
22   conducted for the use and benefit of the charitable organization or mentor. For purposes of this subparagraph, the phrase
23   “charitable organization” means:
24          (a) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States
25   Internal Revenue Code of 1986, as amended;
26           (b) a bona fide church, including an institution such as a synagogue or mosque;
27           (c) or volunteers of a local recreation commission; or
28           (d) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act,
29   Chapter 56, Title 33 of the 1976 Code.
30      56DD.8. (GOV: SLED - Revenue Carry Forward) Notwithstanding any other provision of law, all revenue generated by SLED
31   from the sale of vehicles, various equipment, gasoline, and insurance claims during the prior fiscal year may be retained carried
32   forward and expended for the purpose of purchasing like items.
33      56DD.9. (GOV: SLED - Agents Operations Carry Forward) Any unexpended balance on June 30, of the prior fiscal year, in
34   Part IA, subsection 56B of the section “Agents Operations” may be carried forward and expended for the same purpose in the
35   current fiscal year.
                                                                                                                           PAGE 481

 1      56DD.10. (GOV: OEPP - CCRS Significant Fiscal Impact) In accordance with Section 20-7-5240(e) of the 1976 Code,
 2   “significant fiscal impact” in the current fiscal year shall be defined for each designated agency as the greater of (1) funds
 3   appropriated by the General Assembly for the current fiscal year on cases referred to, decided or placed through the Children’s
 4   Case Resolution System or (2) that agency’s assigned shares in the current fiscal year of five cases decided by the Children’s Case
 5   Resolution System.
 6      56DD.11. (GOV: SLED - Match for Federal Grants Carry Forward) State appropriations to SLED that are required to provide
 7   match for federal grant programs in the prior fiscal year may be carried forward into the current fiscal year and expended for the
 8   same purpose as originally appropriated.
 9      56DD.12. (GOV: SLED-Night Telephone Operators Accommodations) The State Law Enforcement Division is hereby
10   authorized to provide accommodations/utility service without any charge to night telephone operators.
11      56DD.13. (GOV: SLED - Clothing Allowance) The State Law Enforcement Division is hereby authorized to provide agents
12   and criminalists with an annual clothing allowance (on a pro rata basis) not to exceed $600 per agent/criminalist for required
13   clothing used in the line of duty.
14      56DD.14. (GOV: SLED - Witness Fee) The State Law Enforcement Division is hereby authorized to charge a witness fee of
15   $130.00 per hour up to $1,000 per day for each employee testifying in civil matters which do not involve the State as a part in
16   interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial
17   appearances and deposited into a designated revenue account.
18      56DD.15. (GOV: Governor’s Office Budget) All other provisions of law notwithstanding, the Office of Executive Policy and
19   Programs section, the Executive Control of State section and Mansion and Grounds section shall be treated as a single budget
20   section for the purpose of transfers and budget reconciliation.
21      56DD.16. (GOV: Victim Advocate Policy Committee) The policy committee appointed pursuant to Section 79.3 of the
22   1988-89 General Appropriations Act is hereby continued for the purpose of monitoring the implementation of the guidelines
23   developed by it, making such revisions as appear appropriate, assisting and advising the director in development and revision of
24   forms, information and criteria used to evaluate compliance with the guidelines by victim advocate programs in solicitor’s offices.
25      The information gathered from these programs shall be aggregated by the director into the annual report of the agency which is
26   submitted to the Governor, Speaker of the House of Representatives, and the President of the Senate.
27      56DD.17. (GOV: Victim Assistance Programs) It is the intent of the General Assembly that the amounts appropriated in this
28   section for victim assistance programs in solicitors’ offices shall be in addition to any amounts presently being provided by the
29   county for these services and may not be used to supplant funding already allocated for such services. Any reduction by any
30   county in funding for victim assistance programs in solicitors’ offices shall result in a corresponding decrease of state funds
31   provided to the solicitors’ office in that county for victim assistance services. Each solicitor’s office shall submit an annual
32   financial and programmatic report which describes the use of these funds. The report shall be submitted to the Governor, the
33   Attorney General, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee on
34   October 1, for the preceding fiscal year.
35      56DD.18. (GOV: Establish Victim/Witness Program) The funds appropriated in this section for Victim/Witness Program must
36   be equally divided among the judicial circuits, less any adjustments made for budget reductions. The funds for each circuit must be
                                                                                                                             PAGE 482

 1   distributed to the solicitor’s office of that circuit and only used by the solicitor for the purpose of establishing a Victim/Witness
 2   Program in the circuit which shall provide, but not be limited to, the following services:
 3         (1) Make available to victims/witnesses information concerning their cases from filing in general sessions court through
 4   disposition.
 5         (2) Keep the victim/witness informed of his rights and support his right to protection from intimidation.
 6         (3) Inform victims/witnesses of and make appropriate referrals to available services such as medical, social, counseling, and
 7   victims’ compensation services.
 8         (4) Assist in the preparation of victims/witnesses for court.
 9         (5) Provide assistance and support to the families or survivors of victims where appropriate.
10         (6) Provide any other necessary support services to victims/witnesses such as contact with employers or creditors.
11         (7) Promote public awareness of the program and services available for crime victims.
12      The funds may not be used for other victim-related services until the above functions are provided in an adequate manner.
13      56DD.19. (GOV: Victim/Witness Program Formula Distribution) If funds in the South Carolina Victims’ Compensation Fund
14   exceed the amount required to operate the State Office of Victims Assistance and pay claims of crime victims the first $650,000 of
15   such excess must be used for Victim/Witness programs by distribution to Judicial Circuits based on a formula and criteria
16   developed by the policy committee, and otherwise subject to requirements of Section 56DD.17 and 56DD.19.
17      56DD.20. (GOV: Physical Abuse Examinations) Of the funds appropriated in this section for Victims’ Rights, up to $60,000
18   may be expended for physical abuse examinations.
19      56DD.21. (GOV: Foster Care - Reduction in Funds Separation) In recognition of the fact that the funds appropriated for the
20   Division of Foster Care contain both funds appropriated for use by the Division Review System and “pass through” funds
21   designated for use by the South Carolina Protection and Advocacy for the Handicapped, any reduction in funds appropriated for
22   either shall be calculated based upon the separate funds for the respective entities rather than based upon the combined budget of
23   the two organizations.
24      56DD.22. (GOV: Foster Care - Private Foster Care Reviews) The Division of Foster Care is authorized to restructure its
25   programs, including but not limited to, suspending reviews of children privately placed in private foster care and/or changing the
26   location of reviews of children in public foster care, to maintain continuous operations within existing resources as dictated by
27   recent budget reductions. These decisions must be based upon the availability of existing funds. This provision supersedes any
28   previous statutory or regulatory mandate.
29      56DD.23. (GOV: Foster Care - Medicaid Eligible Children) It is the intent of the General Assembly to ensure that placements
30   of emotionally disturbed Medicaid eligible individuals under the age of twenty-one in residential therapeutic treatment are
31   appropriate and that the level of care provided each child is offered in the least restrictive environment appropriate to meet the
32   child’s treatment needs. The statutory powers and functions of the Division of Foster Care are expanded to develop, implement,
33   and manage a quality assurance review system under contract with the Department of Health and Human Services. This paragraph
34   supersedes any previous statutory or regulatory mandate.
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 1      56DD.24. (GOV: OEPP - Federal, Other Flow Through Funds) In order to complete projects begun in a prior fiscal year, the
 2   Governor’s Office is authorized to expend federal and earmarked funds in the current fiscal year for expenses incurred in the prior
 3   fiscal year.
 4      56DD.25. (GOV: SLED - Concealed Weapon Permit) The State Law Enforcement Division shall collect, retain and carry
 5   forward all fees associated with the Concealed Weapon Permit program.
 6      56DD.26. (GOV: SLED - Commissioned Officers’ Physicals) The department is authorized to pay for the cost of physical
 7   examinations for department personnel who are required to receive such physical examinations prior to receiving a law
 8   enforcement commission.
 9      56DD.27. (GOV: SLED - Detective/Security Fee) The State Law Enforcement Division is hereby authorized to charge and
10   collect additional license and registration fees for private detective businesses, private security businesses, including employees of
11   these businesses, and companies which provide private security on their own premises. The funds generated will be transmitted to
12   the Department of Public Safety and used for the purpose of providing additional security in the Capitol Complex area.
13      56DD.28. (GOV: SLED - Meals in Emergency Operations) The State Law Enforcement Division may provide meals to
14   employees of SLED who are not permitted to leave assigned duty stations and are required to work during deployment, emergency
15   simulation exercises and when the Governor declares a state of emergency.
16      56DD.29. (GOV: SLED - Hazardous Materials Security Detail) The State Law Enforcement Division (SLED) is authorized to
17   be reimbursed for security related law enforcement services provided to entities authorized to transport sensitive materials within
18   the borders of South Carolina. SLED shall determine all costs associated with security details and is authorized to coordinate the
19   collection, retention, and distribution to any assisting agency. SLED and each assisting agency shall expend any funds associated
20   with minimizing risks related to the transportation of these hazardous materials for the implementation of homeland security
21   initiatives.
22      56DD.30. (GOV: SLED - Sex Offender Registry Fee) Each Sheriff is authorized to charge and collect an annual amount of one
23   hundred dollars from each sex offender required to register by law. If such sex offender has been declared indigent by the Clerk of
24   Court of the county in which the offender must register and provides proof of the declaration at the time of registration, the fee will
25   automatically be waived. If an offender is not declared indigent and fails to pay the fee, he is officially declared unregistered. This
26   fee shall be equally divided between the Sheriffs and the State Law Enforcement Division. Sheriffs shall remit the appropriate
27   portion of these funds to SLED on a quarterly basis. These funds must be used to support the Statewide Sex Offender Registry.
28      56DD.31. (GOV: SLED - Private Detective Fees Criminal History Checks) The State Law Enforcement Division is authorized
29   to charge private detective companies, individual private detectives, private security companies, armed security guards, and
30   proprietary security companies an additional fee of twenty-five dollars to process state criminal history checks and fifty dollars for
31   federal fingerprint based criminal history checks. These funds shall be collected, retained, expended and carried forward by the
32   State Law Enforcement Division.
33      56DD.32. (GOV: SLED - Compliance/Underage Alcohol/Tobacco Enforcement) Notwithstanding any other provision of law,
34   all initial alcoholic liquor, beer and wine license application fees shall be increased by one hundred dollars, all biennial alcoholic
35   liquor, beer and wine beverage fees and licenses shall be increased by two hundred dollars, and all local operation permit fees shall
36   be increased by fifty dollars. These additional funds shall be collected by the Department of Revenue and as soon as practicable
                                                                                                                                   PAGE 484

 1   allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is
 2   authorized to receive, expend and carry forward these funds.
 3      56DD.33. (GOV: SLED - CWP Instructors Certification) The State Law Enforcement Division is authorized to charge one
 4   hundred dollars for the issuance of a Certified Concealable Weapons Permit Instructor certificate, and one hundred dollars every
 5   three years for each renewal. These funds shall be collected, retained, expended and carried forward by the State Law Enforcement
 6   Division.
 7      56DD.34. (GOV: SLED - Coin Operated Device Enforcement) The Department of Revenue is authorized to assess an
 8   additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. These funds
 9   shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming
10   enforcement. The State Law Enforcement Division shall retain, expend, and carry forward these funds.
11      56DD.35. (GOV: M&G - Mansion and Grounds Budget) The Governor’s Office of Mansion and Grounds shall not exceed
12   10% of its quarterly allocation of funds so as to provide for agency operations on a uniform basis throughout the fiscal year.
13      56DD.36. (GOV: SLED - Expungement Requests) The State Law Enforcement Division is authorized to collect a twenty-five
14   dollar expungement fee for each request to expunge criminal records. These funds shall be used to offset the operational and
15   research expenses associated with processing these expungement requests. SLED is authorized to collect, retain, expend, and carry
16   forward these funds. Persons found not guilty by a court of competent jurisdiction or where charges have been dismissed or nolle
17   prossed shall be excluded from the fee requirement.
18      56DD.37. (GOV: SLED - Retention of Funds Reimbursed by State or Federal Agencies) The State Law Enforcement Division is
19   authorized to collect, expend, retain, and carry forward all funds received from other state or federal agencies in the current fiscal year
20   as reimbursement of expenditures incurred in the current or prior fiscal year.
21      56DD.38. (GOV: OEPP - Guardian Ad Litem Program) Both the program and the funds appropriated to the Governor’s Office,
22   Division of Children’s Services, Guardian ad Litem Program must be administered separately from other programs within the
23   Division of Children’s Services and must be expended for the exclusive use of the Guardian ad Litem Program.
24      For the current fiscal year, the Department of Revenue is directed to reduce the rate of interest paid on eligible refunds by two
25   percentage points. The revenue resulting from this reduction must be used exclusively for operations of the Guardian ad Litem
26   program. The Guardian ad Litem program may carry forward the other funds authorized herein for its operations from the prior
27   fiscal year into the current fiscal year.
28      56DD.39. (GOV: OEPP - Continuum of Care Carry Forward) The Division of Continuum of Care may carry forward funds
29   appropriated herein to continue services.
30      56DD.40. (GOV: SLED - Monies Associated with Illegal Gaming Devices) The State Law Enforcement Division is authorized
31   to retain, expend, and carry forward all monies associated with illegal gaming devices seized by the division, once orders of
32   destruction and awarding of these monies have been received from a court of competent jurisdiction.
33      56DD.41. (GOV: OEPP - Procuring Services) In order to maximize services for victims of crime, if the fulfilling of
34   requirements pursuant to Section 16-3-1410 of the 1976 Code, necessitates hiring any outside entities, the State Office of Victims’
35   Assistance must follow procedures established by the SC Consolidated Procurement Code. Any entity contracting with the agency
36   will submit an annual report by August 1 to the Governor's Office and to the Chairmen of the Senate Finance Committee and
                                                                                                                           PAGE 485

 1   House Ways and Means Committee detailing expenditures from the prior fiscal year in accordance with the State Office of
 2   Victims’ Assistance. The Governor's Office of Executive Policy and Programs is directed to transfer $122,032 of the funds carried
 3   forward from the prior fiscal year in the Victims’ Compensation Fund, and up to $41,892 from general funds from Program III.A.1
 4   to pay for any contracts or services procured.
 5
 6   SECTION 57 - E04 - LIEUTENANT GOVERNOR’S OFFICE
 7
 8      57.1. (LTG: Personnel Administration Exemption) The staff of the Lieutenant Governor’s Office who report directly to the
 9   Lieutenant Governor shall be exempt from the provisions of Article 3, Chapter 11, Title 8 of the 1976 Code of Laws, as amended.
10   In addition, to the extent provided in proviso 72.61, the staff of the Lieutenant Governor’s Office shall be exempt from the
11   provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended.
12      57.2. (LTG: Division on Aging Transfer) Notwithstanding any other provision of law, the duties, functions and responsibilities
13   of the Division on Aging are transferred from the Department of Health and Human Services to the Office of the Lieutenant
14   Governor as the Office on Aging. A director must be employed to be the administrator of the office.
15      57.3. (LTG: State Matching Funds Carry Forward) Any unexpended balance on June 30 of the prior fiscal year of the required
16   state matching funds appropriated in Part IA, Section 57, Distribution to Subdivisions, shall be carried forward into the current
17   fiscal year to be used as required state match for federal funds awarded to subdivisions on or before September 30 of the current
18   fiscal year.
19      57.4. (LTG: State Match Funding Formula) Of the state funds appropriated under “Distribution to Subdivisions”, the first
20   allocation by the Office on Aging shall be for the provision of required State matching funds according to the Office on Aging
21   formula for distributing Older Americans Act funds. The balance of this item shall be distributed to the planning and service areas
22   of the State. In the event state appropriations are reduced, reductions to the planning and service areas shall be based on amounts
23   distributed in accordance with the previous requirements.
24      57.5. (LTG: Registration Fees) The Office on Aging is authorized to receive and expend registration fees for educational,
25   training and certification programs.
26      57.6. (LTG: Loan Forgiveness Carry Forward) Any unexpended balance on June 30 of the prior fiscal year of funds
27   appropriated in Part IA, Section 57, Geriatric Physician Loan Program, shall be carried forward and used for the same purpose as
28   originally appropriated.
29      57.7. (LTG: Council Meeting Requirements) The duties and responsibilities, including the statutory requirement to hold
30   meetings of the Coordinating Council established pursuant to Section 43-21-120 and of the Long Term Care Council established
31   pursuant to Section 43-21-130, both under the Office on Aging in the Office of the Lieutenant Governor, are suspended for Fiscal
32   Year 2006-07 2007-08.
33      57.8. (LTG: Home and Community Based Services Carry Forward) Unexpended funds from appropriations to the Lieutenant
34   Governor’s Office on Aging for Home and Community Based Services shall be carried forward and used for the same purpose.
35
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 1   SECTION 58 - E08 - SECRETARY OF STATE’S OFFICE
 2
 3      58.1. (SS: Charitable Funds Solicitation - Fire Dept/Rescue Squads) A fire department or rescue squad conducting or intending
 4   to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56,
 5   Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or
 6   squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the
 7   Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars
 8   effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body.
 9      58.2. (SS: UCC Filing Fees) Revenues from the fees raised pursuant to Section 36-9-525(a), not to exceed $120,000, may be
10   retained by the Secretary of State for purposes of UCC administration.
11
12   SECTION 59 - E12 - COMPTROLLER GENERAL’S OFFICE
13
14      59.1. (CG: Signature Authorization) The Comptroller General is hereby authorized to designate certain employees to sign, in
15   his stead, warrants drawn against the State Treasurer and the State Treasurer is hereby authorized to accept such signatures when
16   notified by the Comptroller General. This provision shall in no way relieve the Comptroller General of responsibility.
17      59.2. (CG: GAAP Implementation & Refinement) It is the intent of the General Assembly that the State of South Carolina issue
18   financial statements in conformance with Generally Accepted Accounting Principles (GAAP). To this end, the Comptroller
19   General is directed, as the State Accounting Officer, to maintain a Statewide Accounting and Reporting System that will result in
20   proper authorization and control of agency expenditures, including payroll transactions, and in the preparation and issuance of the
21   official financial reports for the State of South Carolina. Under the oversight of the General Assembly, the Comptroller General is
22   given full power and authority to issue accounting policy directives to state agencies in order to comply with GAAP. The
23   Comptroller General is also given full authority to conduct surveys, acquire consulting services, and implement new procedures
24   required to implement fully changes required by GAAP.
25      59.3. (CG: Payroll Deduction Processing Fee) There shall be a fee for processing payroll deductions, not to exceed 10 cents, for
26   insurance plans, credit unions, deferred compensation plans and professional associations per deduction per pay day. This fee shall
27   not be applied to charitable deductions. The Comptroller General is authorized to charge a reasonable fee to the South Carolina
28   Lottery Commission for the purpose of payroll processing not to exceed $30,000 annually. The revenues generated from these fees
29   and those provided for child support deductions in accordance with Section 20-7-1315(F)(3), S. C. Code of Laws, 1976, as
30   amended, may be used to support the operations of the Comptroller General’s Office and any unexpended balance may be carried
31   forward from the prior fiscal year to the current fiscal year and utilized for the same purposes.
32      59.4. (CG: Payroll System Modifications for State Optional Retirement Program) The Comptroller General is hereby directed
33   to contract on mutually agreeable terms with the South Carolina Retirement System to modify the State’s payroll and accounting
34   systems to accommodate the requirements of the State Optional Retirement Program. The Comptroller General’s Office is
35   authorized to seek cost reimbursement by charging the Retirement System reasonable fees for systems modifications associated
                                                                                                                                 PAGE 487

 1   with this contract, not to exceed $200,000. The cost reimbursement may be used to support the operations of the Comptroller
 2   General’s Office and any unexpended fund balance may be carried forward if necessary to complete the project.
 3      59.5. (CG: Unemployment Compensation Fund Administration) The lesser of two percent or $200,000 of the fund balance of
 4   the Unemployment Compensation Fund shall be paid out annually to the Comptroller General’s Office to be used by that agency to
 5   recover the costs of administering the fund. The Unemployment Compensation Fund is provided for in Section 41-31-820, S. C.
 6   Code of Laws, 1976, as amended. Any unexpended balance may be carried forward from the prior fiscal year to the current fiscal
 7   year and used for the same purposes.
 8      59.6. (CG: Suspension of Withholding) Counties and municipalities receiving revenues from state aid, described in Part IA of
 9   this act as "aid to subdivisions", shall submit to the State Budget and Control Board, Office of Research and Statistics, Economic
10   Research Section, a financial report detailing their sources of revenue, expenditures by category, indebtedness, and other
11   information as the Economic Research Section requires. The Economic Research Section shall determine the required content and
12   format of the annual financial report. The financial report for the most recently completed fiscal year must be submitted to the
13   Economic Research Section by November fifteenth of each year. If an entity fails to file the financial report by November
14   fifteenth, then the chief administrative officer of the entity must be notified in writing that the entity has thirty days to comply with
15   the requirements of this paragraph. The Director of the Office of Research and Statistics, for good cause, may grant a local entity
16   an extension of time to file the annual financial report. Notification by the Director of the Office of Research and Statistics to the
17   Comptroller General that an entity has failed to file the annual financial report thirty days after written notification to the chief
18   administrative officer of the entity must result in the withholding of ten percent of subsequent payments of state aid to the entity
19   until the report is filed. The Economic Research Section is responsible for collecting, maintaining, and compiling the financial
20   data provided by the counties and municipalities in the annual financial report required by this paragraph.
21      59.7. (CG: Purchasing Card Rebate Program) The Comptroller General’s Office is authorized to retain the first $50,000 of
22   rebate associated with the Purchasing Card Program. In addition, the Comptroller General’s Office shall be authorized to retain a
23   portion of the increase, if any, in Purchasing Card Program rebates which exceeds the average of the corresponding rebates
24   received by the general fund during the last three fiscal years, provided that the general fund and the Comptroller General’s Office
25   shall share equally any such increase in rebates. The Comptroller General’s Office total share of such increase shall not exceed
26   $150,000. The funds retained shall be used by the Comptroller General’s Office to produce increased statewide use of the
27   Purchasing Card Program while developing stronger safeguards against improper use. These funds shall not be used for any
28   purpose other than for the Purchasing Card Program. Any However, unexpended retained amounts may shall be carried forward
29   into the current fiscal year and must be used for the SCEIS program.
30
31   SECTION 60 - E16 - STATE TREASURER’S OFFICE
32
33     60.1. (TREAS: Nat’l. Forest Fund - Local Govt. Compliance) In order to conform to federal requirements local governments
34   receiving distributions of National Forest Fund revenues are required to report annually to the State Treasurer indicating
35   compliance with authorized purposes.
                                                                                                                                PAGE 488

 1      60.2. (TREAS: STARS Approval) Decisions relating to the Statewide Accounting and Reporting System (STARS) which
 2   involve the State Treasurer’s Banking Operations and other functions of the State Treasurer’s Office shall require the approval of
 3   the State Treasurer.
 4      60.3. (TREAS: Investments) The State Treasurer may pool funds from accounts for investment purposes and may invest all
 5   monies in the same types of investments as set forth in Section 11-9-660.
 6      60.4. (TREAS: Management Fees) The State Treasurer is authorized to charge a fee for the operating and management costs
 7   associated with the Local Government Investment Pool, the Deferred Compensation Program, the Tuition Prepayment Program,
 8   and the College Investment Program and is further authorized to retain and expend the fees to provide these services. The fees
 9   assessed may not exceed the cost of the provision of such services.
10      60.5. (TREAS: Assessments & Filing Fees) The State Treasurer shall retain an amount equal to one percent of that portion of
11   assessments in Municipal, Magistrate, Family, and General Sessions Courts and filing fees in courts of record which must be
12   credited to the General Fund of the State and require that those retained revenues must be used for training local governments and
13   to defray the administrative expenses of the collection and distribution of these revenues. Further, the State Treasurer’s Office
14   shall identify any jurisdiction that it believes is not timely transmitting assessments and filing fees required to be paid to the State
15   Treasurer and follow-up with the County Treasurer to determine why the appropriate amounts have not been remitted.
16      60.6. (TREAS: Unclaimed Property) Notwithstanding Section 27-18-190(A) the State Treasurer shall only be required to
17   publish a notice not later than April thirtieth of the year immediately following the report required by Section 27-18-180 by
18   electronic means in this State or at least once in a newspaper of general circulation in the county of this State in which is located
19   the last known address of any person named in the notice.
20      60.7. (TREAS: Investment Management Fees) Unless otherwise prohibited by law, the State Treasurer may charge a fee for the
21   operating and management costs associated with the investment management of various state funds and programs, and further, may
22   retain and expend the fees to provide these services. The fees assessed may not exceed the lesser of (a) 0.02 percent of the funds
23   managed or (b) the actual cost of the provision of these services. Fees assessed shall not exceed the earnings on these investments.
24      60.8. (TREAS: Electronic Publication of Financial Institutions Cash) Notwithstanding Section 11-5-120, the State Treasurer
25   shall publish quarterly, by electronic means and in a manner that allows for public review, a statement showing the amount of
26   money on hand and in what financial institution it is deposited and the respective funds to which it belongs.
27      60.9. (TREAS: Debt Management Cost Allocation) Unless otherwise prohibited by law, the State Treasurer may charge actual
28   costs associated with the administration and management of the indebtedness of the State, its agencies and institutions, and further,
29   may retain and expend any amounts so allocated to provide these services. Costs associated with the original issuance of bonds
30   and other indebtedness must be assessed on an hourly basis, must be taken from the costs of issuance of any bond issue or other
31   indebtedness, and must not exceed the actual cost of providing these services. Ongoing costs of administration and maintenance
32   must be assessed against expenses of debt service, and must not exceed the actual costs of providing these services.
33      60.10. (TREAS: ScienceSouth) The State Treasurer’s Office is directed to transfer $500,000 from Subfund 4019 Governor’s
34   Teaching School Loan Program to ScienceSouth for the training of public school teachers in science curriculum standards through
35   grade-specific, standards-based instructional activities. Funds transferred to ScienceSouth may be carried forward.
                                                                                                                             PAGE 489

 1      60.11. (TREAS: Withheld Accommodations Tax Revenues) Revenues withheld pursuant to Sections 6-4-35(B)(1)(a) and
 2   6-4-35(B)(1)(b) prior to July 1, 2006 must be returned to the entity from which revenues were withheld, in the same amount and
 3   manner that they were withheld. After July 1, 2006, before noncompliant expenditures and penalties withheld pursuant to Sections
 4   6-4-35(B)(1)(a) and 6-4-35(B)(1)(b) are reallocated, the Tourism Expenditure Review Committee must certify to the State
 5   Treasurer’s Office that the time period for an appeal of the committee’s action to the Administrative Law Judge Division has
 6   expired or that the action of the committee has been upheld or overturned by the Administrative Law Judge Division.
 7   Noncompliant expenditures and penalties withheld must be reallocated annually after August 1. Allocations withheld must be
 8   reallocated proportionately based on the most recent completed fiscal year’s total statewide collections of the accommodations tax
 9   revenue according to the State Treasurer’s Office records. Each annual reallocation of withheld funds to non-offending counties
10   and municipalities must be calculated separately then combined if necessary. Each reallocation to a county or municipality
11   calculated less than a dollar must be transferred to the General Fund of the State.
12      60.12. (TREAS: Unclaimed Property Compliance Efforts) The disclosures permitted under Section 12-54-240(B) of the 1976
13   Code by the Department of Revenue shall include any information to the State Treasurer necessary for the administration and
14   enforcement of the Uniform Unclaimed Property Act.
15      60.13. (TREAS: Tuition Prepayment Program) The South Carolina Tuition Prepayment Program shall not accept any new
16   enrollment for Fiscal Year 2007-08. Beginning with the current fiscal year, the increase in the average tuition from the 2006-07
17   level cannot exceed seven percent on an annual basis. To the extent that actual tuition exceeds the average tuition as calculated in
18   this proviso, colleges and universities must grant a waiver of the difference to the designated beneficiary and shall not pass along
19   this difference to any student.
20
21   SECTION 60A - E19 - RETIREMENT SYSTEM INVESTMENT COMMISSION
22
23      60A.1. (RSIC: New Positions) The new full-time equivalent positions authorized in Part IA, Section 60A shall not be
24   implemented prior to evaluation by the Retirement System Investment Commission. The commission must review and approve the
25   allocation of the positions authorized herein prior to hiring.
26   SECTION 61 - E24 - ADJUTANT GENERAL’S OFFICE
27
28      61.1. (ADJ: Unit Maintenance Funds) Notwithstanding any other provision of law, the funds appropriated as unit maintenance
29   funds shall be distributed to the various National Guard units at the direction of the Adjutant General.
30      61.2. (ADJ: Revenue Collections) All revenues collected by National Guard units from county and city appropriations, vending
31   machines, rental of armories, court martial fines, federal reimbursements to armories for utility expenses, and other collections may
32   be retained and expended in its budgeted operations.
33      61.3. (ADJ: Rental Fee for Election Purposes) The maximum fee that an armory may charge for the use of its premises for
34   election purposes shall be the cost of providing custodial services, utilities and maintenance.
35      61.4. (ADJ: Parking Lot Revenues) Notwithstanding other provisions of this act, as a security measure for the State Military
36   Department’s headquarters building and grounds, the Adjutant General may control and contractually lease the headquarters’
                                                                                                                            PAGE 490

 1   building parking facilities, during events at the University of South Carolina’s Williams-Brice Stadium, to a state chartered and
 2   federally recognized 501(c)(4) tax exempt agency employees’ association who may then sub-lease individual parking spaces. Such
 3   a contract must require the employees association to obtain liability insurance against wrongful death or injury. The contract must
 4   clearly hold the Adjutant General’s Office, its officers, and the State of South Carolina harmless from any liability resulting from
 5   the use of the parking lot when rented by the employees association. In addition, the contract must specify that the State of South
 6   Carolina’s Military Department shall receive no less than thirty-three percent of the gross profits from the sub-leasing of the
 7   parking spaces. The contract must allow the State to audit the employees association’s funds. Funds at the Adjutant General’s
 8   Office derived wholly from the rental of Adjutant General’s headquarters’ parking lot may be retained at the Adjutant General’s
 9   Office, but may not be used for employee perquisites.
10      61.5. (ADJ: Armory Rental Program) The Adjutant General is authorized to develop and implement an armory rental program
11   to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must
12   be uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for
13   armory maintenance and operations.
14      61.6. (ADJ: Meals in Emergency Operations Centers) The cost of meals, or the advanced purchase of food products to be
15   stored and prepared for meals, may be provided to state employees who are required to work at the State Emergency Operations
16   Centers during actual emergencies and emergency simulation exercises when they are not permitted to leave their stations.
17      61.7. (ADJ: Educational Seminar Revenue) All revenue earned from educational seminars shall be retained by the agency to be
18   used for the printing of materials and other expenses related to conducting the seminars. The balance of funds shall be reported
19   annually to the General Assembly.
20      61.8. (ADJ: Retention of Lease Property Revenue) The Adjutant General is authorized to lease the property formerly referred to
21   as the Combined Support Maintenance Shop and can retain revenue collected from this lease program. Funds generated by this
22   program may be retained and expended for maintenance, renovation and construction of armory properties covered under the
23   Federal Installation Stationing Plan (FISP) as authorized by the Adjutant General or Deputy Adjutant General for state operations.
24      61.9. (ADJ: Billeting and Dining Facility Operations) All revenues collected by the Billeting and Dining Facility operations at
25   the R. L. McCrady Training Center shall be retained and expended in their budgeted operations or be expended in support of
26   Armory maintenance or operations. Expenditures from these funds shall be determined by the Billeting Committee for Billeting
27   operations and the Deputy Adjutant General for state operations for the Dining Facility operation.
28      61.10. (ADJ: EMD Compensatory Payment) In the event a State of Emergency is declared by the Governor, exempt employees
29   of the Emergency Management Division may be paid for actual hours worked in lieu of accruing compensatory time, at the
30   discretion of the Agency Director, and providing funds are available.
31      61.11. (ADJ: Civil Air Patrol) The funds appropriated in this section for the Civil Air Patrol shall be expended by the Civil Air
32   Patrol so as to discharge the state's obligations in conjunction with the Civil Air Patrol as outlined in the SARDA Plan, the S. C.
33   Operational Radiological Emergency Response Plan, and to assist county and local authorities and other state agencies as permitted
34   by the regulations governing the Civil Air Patrol. All expenditures for equipment and services shall be in accordance with state
35   fiscal policies.
36
                                                                                                                             PAGE 491

 1   SECTION 62 - E28 - ELECTION COMMISSION
 2
 3      62.1. (ELECT: County Registration Board and County Election Commission Compensation) The amounts appropriated in this
 4   section for “County Registration Board Members and County Election Commissioners,” shall be disbursed annually to the County
 5   Treasurer at the rate of $1,500 for each member, not to exceed $12,500 per county. The County Treasurer shall use these funds
 6   only for the compensation of County Registration Board Members and County Election Commissioners. Any funds not used for
 7   this purpose shall be returned to the State Treasurer. These funds are exempted from mandated budget reductions. In addition, in
 8   the calculation of any across the board agency base reductions mandated by the Budget and Control Board or the General
 9   Assembly, the amount of funds appropriated for compensation of County Registration Board Members and County Election
10   Commissioners shall be excluded from the agency’s base budget.
11      62.2. (ELECT: Elections Managers & Clerks Per Diem) Managers and clerks of state and county elections shall receive a per
12   diem of $60.00; but managers shall not be paid for more than two days for any election and clerks for not more than three days for
13   any election. The commission may adjust the per diem of $60.00 for the managers and clerks of the statewide election to a higher
14   level only to the extent that the appropriation for the statewide election is sufficient to bear the added cost of increasing the per
15   diem and the cost of the statewide election. Up to three additional managers per county may be appointed to assist county
16   registration boards with the absentee/fail safe voting process prior to, on election day, and immediately following statewide
17   elections. Managers assisting the registration board in the absentee/fail safe process may receive a per diem of $60.00 per day for
18   not more than a total of fifteen days regardless of whether one, two, or three additional managers are used.
19      62.3. (ELECT: Board of State Canvassers Compensation) $100.00 additional compensation per day may be paid to each
20   member of the Board of State Canvassers up to a total of 15 days that may be required for hearings held by the members of the
21   Board of State Canvassers.
22      62.4. (ELECT: Sale of Lists Revenue Carry Forward) Any revenue generated from the sale of election lists may be retained and
23   expended by the South Carolina Election Commission to reimburse the State Budget and Control Board, Division of Operations,
24   for the printing of such lists and to pay expenses of postage and shipment of these lists to electors who purchase them. After such
25   reimbursement has been made an amount, not to exceed $400,000, shall be used for nonrecurring expenses in conjunction with
26   extraordinary special election and legal costs and costs for upgrading the Statewide Voter Registration System. Any balance in the
27   Sale of Lists Account on June 30, of the prior fiscal year may be carried forward and expended for the same purposes during the
28   current fiscal year.
29      62.5. (ELECT: Budget Reduction Exemption) Funds appropriated for nonrecurring general and primary election expenses are
30   exempted from mandated across the board reductions. In addition, in the calculation of any across the board agency base
31   reductions mandated by the Budget and Control Board or the General Assembly, the amount of funds appropriated for
32   nonrecurring primary and general election expenses shall be excluded from the agency’s base budget.
33      62.6. (ELECT: Primary and General Election Carry Forward) Filing fees received from candidates filing to run in statewide or
34   special primary elections may be retained and expended by the State Election Commission to pay for the conduct of primary
35   elections. Any balance in the filing fee accounts on June 30, of the prior fiscal year may be carried forward and expended for the
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 1   same purposes during the current fiscal year. In addition, any balance in the Primary and General Election Accounts on June 30, of
 2   the prior fiscal year may be carried forward and expended for the same purposes during the current fiscal year.
 3      62.7. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and County
 4   Election Commissions will receive a common curriculum to include core courses on the duties and responsibilities of county
 5   registration boards and county election commissions and electives to promote quality service and professional development. Up to
 6   $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended by the South Carolina
 7   Election Commission to help cover the cost of providing the training. Any balance in the training and certification account on June
 8   30, of the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
 9      The State Election Commission is required to withhold the stipend of members who do not complete the training and
10   certification program as required in Sections 7-5-10, 7-5-35 and 7-13-70 of the 1976 Code. Additionally, funds will also be
11   withheld if a board or commission member completes the training and certification program, but fails to complete at least one
12   training course per year. The board or commission member and members of that county’s legislative delegation will be notified of
13   the withholding of the stipend and the requirements needed to bring the member into compliance with the law. Funds will be
14   retained by the State Election Commission until the board or commission member has completed the program or completes the
15   training course required for continuing education. If a board or commission member cannot complete the program or complete
16   the required continuing education due to extenuating circumstances, the board or commission member must submit a written
17   request to the county legislative delegation for approval or funds will continue to be withheld as described in this proviso. If a
18   board or commission member does not become compliant with the law within eighteen months of initial notification of stipend
19   withholding, the county’s legislative delegation must replace that person on the board or commission.
20      62.8. (ELECT: Penalty for Late Submission of Reimbursable Expenses) In the event that a county submits reimbursable
21   election expenses to the Commission for payment more than thirty (30) days after the election is held, the Commission may deduct
22   a penalty of ten (10) percent of the late-submitted amount. The county is responsible for payment of this amount. If the
23   Commission finds good reason for such late submission, the penalty may be waived. The Election Commission shall be authorized
24   to expend funds appropriated/ authorized in the current fiscal year to pay election expenses incurred by a county in the prior fiscal
25   year.
26      62.9. (ELECT: Election Support Services) The State Election Commission provides election support services to county election
27   commissions by providing election databases and ballots. Up to $100,000 of revenue generated by charging a fee for these
28   services may be retained and expended by the South Carolina Election Commission to help cover the costs of providing election
29   support services.
30      62.10. (ELECT: Help America Vote Act) Of funds appropriated to the commission for primary and general elections, the
31   commission shall utilize any excess funds to match the Help America Vote Act program to the greatest extent possible, and also
32   ensure compliance with the Uniformed and Overseas Citizens Absentee Voting Act of 1986.
33      62.11. (ELECT: HAVA Carry Forward) The Election Commission shall be authorized to carry forward unexpended Help
34   America Vote Act funds into the current fiscal year and to use these funds for the same purpose.
35      62.12. (ELECT: 2008 Presidential Preference Primary) (A) For the 2008 election cycle, if the state committee of a certified
36   political party which received at least five percent of the popular vote in South Carolina for the party’s candidate for President of
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 1   the United States in the last Presidential election determines to hold a state-run presidential preference primary election, the State
 2   Election Commission shall conduct the presidential preference primary in accordance with the provisions of this paragraph, Title
 3   7 of the 1976 Code, and party rules, mutatis mutandis. A registered elector may cast a ballot in only one presidential preference
 4   primary. However, notwithstanding any other provision of Title 7 of the 1976 Code, (1) the State Election Commission and the
 5   authorities responsible for conducting the elections in each county shall provide for cost-effective measures in conducting the
 6   presidential preference primaries including, but not limited to, combining polling places, while ensuring that voters have adequate
 7   notice and access to the polling places; and (2) the state committee of the party shall set the date and the filing requirements,
 8   including a certification fee. Political parties shall verify the qualifications of candidates before certifying to the State Election
 9   Commission the names of candidates to be placed on primary ballots. The written certification required by this section must
10   contain a statement that each certified candidate meets, or will meet by the time of the general election, or as otherwise required
11   by law, the qualifications in the United States Constitution, statutory law, and party rules to participate in the presidential
12   preference primary for which the candidate has filed. Political parties shall not certify any candidate who does not or will not by
13   the time of the general election meet the qualifications in the United States Constitution, statutory law, and party rules for the
14   presidential preference primary for which the candidate desires to file, and that candidate’s name must not be placed on a primary
15   ballot. Political parties may charge a certification fee to persons seeking to be candidates in the presidential preference primary
16   for the political party. A filing fee not to exceed twenty thousand dollars, as determined by the State Election Commission, for
17   each candidate certified by a political party must be transmitted by the respective political party to the State Election Commission
18   and must be used for conducting the presidential preference primaries.
19      (B) The political party shall give written notice to the State Election Commission of the date set for the party’s presidential
20   preference primary no later than ninety days before the date of the primary.
21      (C) Nothing in this paragraph prevents a political party from conducting a presidential preference primary for the 2008
22   election cycle pursuant to Section 7-11-25 of the 1976 Code.
23
24   SECTION 63 - F03 - BUDGET AND CONTROL BOARD
25
26      63.1. (BCB: Civil Contingent Fund - Disbursements) The Civil Contingent Fund, appropriated in Section 63 of this section
27   shall be expended only upon unanimous approval of the State Budget and Control Board, and upon warrant requisitions signed as
28   directed by the State Budget and Control Board, to meet emergency and contingent expense of the State Government. None of the
29   Civil Contingent Fund shall be used to increase the salary of any state employee.
30      63.2. (BCB: Brandenburg Coordination Committee) The funds appropriated in this section for the Brandenburg Coordination
31   Committee are to be spent in support of cultural, educational, agricultural, scientific, governmental or business exchanges and
32   agreements between South Carolina and the sister state of Brandenburg, Germany and related German interests. The Budget and
33   Control Board Commission on International Cooperation and Agreements will report to the Governor, the Chairmen of the Senate
34   Finance Committee, and the House Ways & Means Committee detailing such activities.
35      63.3. (BCB: BCB Realignment) The Budget and Control Board shall be authorized to realign its detailed budget to reflect
36   actual agency operations. However, any reorganization or restructuring between divisions of the board must receive prior approval
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 1   from the General Assembly either by joint resolution or statutory authorization before implementation. Further, any reduction in
 2   force must receive prior approval from the General Assembly either by joint resolution or statutory authorization before
 3   implementation. Where a proviso contained in the appropriations bill for the current year references either an Office or Division of
 4   the Budget and Control Board, the Office of State Budget is directed to change that reference to “Budget and Control Board”.
 5      63.4. (BCB: Southern Maritime Collection) The Budget and Control Board, on behalf of the Hunley Commission is authorized
 6   to expend funds appropriated for such purpose to pay the outstanding note entered into to finance the purchase of the Southern
 7   Maritime Collection and the Hunley Commission will assume custody and management of the Collection for the State. The board
 8   is authorized to use up to $500,000 of the funds transferred for implementation of this proviso. The balance of the funds
 9   transferred may be used by the board for costs associated with other Museum operations. The General Assembly will provide for
10   funds in future fiscal years to cover the costs of the financing of the Southern Maritime Collection.
11      63.5. (BCB: Procurement of Art Objects) Before any governmental body, with the exception of the South Carolina Museum
12   Commission, the Budget and Control Board and the South Carolina Hunley Commission as defined under the South Carolina
13   Consolidated Procurement Code, procures any art objects such as paintings, antiques, sculptures, or similar objects above $1,000,
14   the head of the Purchasing Agency shall prepare a written determination specifying the need for such objects and benefits to the
15   State. The South Carolina Arts Commission shall review such determination for approval prior to any acquisition.
16      63.6. (BCB: Real Property - Sale/Leaseback/ Repurchase Revenue Account) In order to ensure the stability of any
17   sale/leaseback and repurchase option agreement entered into by the State for any piece of real property, the Budget and Control
18   Board is directed to establish a separate and distinct account for the deposit of the net proceeds of the sale or net annual charges
19   derived from any such property. Any funds held in such separate and distinct accounts shall only be used for the purpose of
20   repurchasing the property and/or the establishment of a reserve fund as outlined in the contract documents for the property, until
21   such time as the agreements on the property are fulfilled. It is the intention of the General Assembly to appropriate sufficient funds
22   on an annual basis to enable the Budget and Control Board to meet the required lease payments and other necessary expenditures
23   associated with any sale/leaseback agreement involving real property.
24      63.7. (BCB: State House Operation & Maintenance Account) Funds appropriated to the Budget and Control Board - for State
25   House Maintenance & Operations & Renovations must be set aside in a separate account for the operation and maintenance of the
26   State House. The Budget and Control Board shall report annually to the State House Committee on the amount expended from this
27   fund.
28      63.8. (BCB: Wireless Communications Tower) The Budget and Control Board is directed to coordinate tower and antenna
29   operations within South Carolina state government. The Board shall (1) approve all leases regarding antenna placement on state
30   owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess
31   capacity on the State’s wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess
32   capacity on the State’s wireless communications infrastructure, and (5) construct new communications assets on appropriate state
33   owned property for the purpose of generating revenue pursuant to this proviso. All revenue from tower and antenna leases and
34   contracts after July 1, 2001 must be remitted to a separate fund established by the Board to create and support a statewide public
35   safety communications system. These funds shall be retained and carried forward and used for the same purpose. Agencies owning
36   tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund. The Board
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 1   shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October 1 of each year all
 2   revenue collected and disbursed. This report shall also include a summary of each agency’s overall revenues, whether retained by
 3   the agency or remitted to the separate fund.
 4      63.9.(BCB: Compensation - Agency Head Salary) Notwithstanding any other provision of law in the event of an agency head or
 5   technical college president vacancy, the governing board of the agency or the Governor, or the appointing authority if a technical
 6   college president, must have the prior favorable recommendation of the Agency Head Salary Commission to set, discuss or offer a
 7   salary for the agency head or technical college president at a rate that exceeds the minimum of the range established by the Agency
 8   Head Salary Commission. The Budget & Control Board shall have final approval authority for agency head and technical college
 9   president salaries. Boards and commissions of newly created agencies shall not offer a salary to a prospective agency head until a
10   salary range has been established and the salary approved by the Agency Head Salary Commission. The funding for such purpose
11   should come from resources within the agency. The Budget & Control Board shall contract every four years for a study of agency
12   head and technical college president compensation during the current year. The cost of the study must be shared by the
13   participating agencies. The Agency Head Salary Commission shall recommend to the Budget & Control Board salary increases for
14   agency heads and technical college presidents. No agency head or technical college president shall be paid less than the minimum
15   of the salary pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay
16   range. Funding must be provided for an amount equivalent to the pay increase for all classified employees. Any remaining
17   increases recommended by the Agency Head Salary Commission shall be funded from the individual agency budget. All increases
18   shall be effective on or after January 1, of the current fiscal year.
19      63.10. (BCB: Compensation - Reporting of Supplemental Salaries) No supplement shall be paid to an agency’s employee
20   unless the agency head or designated official of the employing agency has approved the conditions and amount of salary
21   supplement. Any compensation, excluding travel reimbursement, from an affiliated public charity, foundation, clinical faculty
22   practice plan, or other public source or any supplement from a private source to the salary appropriated for a state employee and
23   fixed by the State must be reported by the employing agency to the Division of Budget and Analyses of the Budget and Control
24   Board. The report must include the amount, source, and any condition of the supplement. The employing agency must report this
25   information on or before August 31 of each year and must include the total amount and source of the salary supplement received
26   by the employee during the preceding fiscal year (July 1 through June 30). The Office of Human Resources of the B&C Board
27   shall formulate policies and procedures to ensure compliance with the reporting provisions of this proviso.
28      63.11. (BCB: Mid-Year Budget Reductions & Restricting the Rate of Expenditures) Any appropriations made herein or by
29   special act now or hereafter, are hereby declared to be maximum, conditional and proportionate, the purpose being to authorize
30   expenditures not to exceed the amounts named herein, if necessary, but only in the event the aggregate revenues available during
31   the period for which the appropriations are made are sufficient to pay them in full. The State Budget and Control Board is directed
32   to survey the progress of the collection of revenue and the expenditure of funds by all agencies, departments and institutions. If the
33   Budget and Control Board determines that a year-end aggregate deficit may occur by virtue of a projected shortfall in anticipated
34   revenues, it shall utilize such funds as may be available and required to be used to avoid a year end deficit and thereafter take such
35   action as necessary to restrict the rate of expenditure of all agencies consistent with the provisions of this section. No institution,
36   activity, program, item, special appropriation, or allocation for which the General Assembly has provided funding in any part of
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 1   this act shall be discontinued, deleted, or deferred by the Budget and Control Board. Any reduction of rate of expenditure by the
 2   Board, under authority of this act, shall be applied as uniformly as may be practicable except that no reduction shall be applied to
 3   funds encumbered by a written contract with an agency not connected with the State Government. No such reduction shall be
 4   ordered by the State Budget and Control Board while the General Assembly is in session without first reporting such necessity to
 5   the General Assembly and the General Assembly has taken no action to prevent the reduction within five statewide session days of
 6   formal written notification.
 7      As far as practicable all departments, institutions, and agencies of the State are hereby directed to budget and allocate
 8   appropriations as quarterly allocation so as to provide for operation on uniform standards throughout the fiscal year and in order to
 9   avoid an operating deficit for the fiscal year. It should be recognized that academic year calendars of state institutions will affect
10   the uniformity of the receipt and distribution of funds during the years. The Comptroller General or the Office of State Budget
11   shall make such reports to the Budget and Control Board as they deem advisable on any agency which is expending authorized
12   appropriations at a rate which predicts or projects a general fund deficit for the agency. The Budget and Control Board is
13   authorized and directed to require any such agency, institutions or department to file a quarterly allocations plan and is further
14   authorized to restrict the rate of expenditures of the agency, institution or department if the board determines that a deficit may
15   occur. It is the responsibility of any such agency to develop a plan, in consultation with the Budget and Control Board, that
16   eliminates or reduces a deficit. Should the Budget and Control Board make a finding that the cause of and likelihood of a deficit is
17   unavoidable due to factors which are wholly outside of an agency’s control, then the board may determine that the recognition of
18   an agency deficit is appropriate and shall notify the General Assembly of such action or the presiding officer of the House and
19   Senate if the General Assembly is not in session. Upon receipt of such notification from the Budget and Control Board, the
20   General Assembly may authorize supplemental appropriations from any surplus revenues which existed at the close of the previous
21   fiscal year. If the General Assembly fails to take action, then the finding of the Budget and Control Board shall stand, and the
22   actual deficit at close of the fiscal year shall be reduced as necessary from surplus revenues or surplus funds available at the close
23   of the fiscal year in which the deficit occurs and from funds available in the Capital Reserve Fund and General Reserve Fund, as
24   required by the Constitution. If the Budget and Control Board finds that the likelihood and cause of a deficit is the result of agency
25   management, then the bond of state officials responsible for management of the agency involved shall be held liable therefor and
26   the board shall notify the Agency Head Salary Commission of such finding. In the case of a finding that a projected deficit is the
27   result of the management of the agency, the Budget and Control Board shall take immediate steps to curtail agency expenditures in
28   such a manner so as to bring expenditures in line with authorized appropriations and avoid a year end operating deficit.
29      63.12. (BCB: Compensation Increase - Appropriated Funds Ratio) Appropriated funds may be used for compensation increases
30   for classified and unclassified employees and agency heads only in the same ratio that the employee’s base salary is paid from
31   appropriated sources.
32      63.13. (BCB: Vacant Positions) In the event that any permanent position in an agency remains vacant for more than twelve
33   months the position may be deleted by the Budget and Control Board.
34      63.14. (BCB: Higher Education Salary Limit Exemption) Notwithstanding the provisions of Section 8-11-165 of the Code of
35   Laws of South Carolina, 1976, as amended, higher education technical colleges, colleges and universities shall be exempt from the
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 1   requirement that the salaries of employees shall not exceed ninety-five percent of the midpoint of the agency head salary range or
 2   the agency head actual salary, whichever is greater.
 3      63.15. (BCB: Carry Forward - Local Government Assistance) The Budget and Control Board may carry forward from prior
 4   fiscal years to the current fiscal year funds appropriated for the purpose of providing financial assistance and for matching federal
 5   funds for financial assistance to local governments with water, wastewater, and sewer projects. Of the Grant Funds appropriated
 6   for such purposes, $400,000 may be used for operating costs in order to enhance relevant technical assistance capabilities of the
 7   board.
 8      63.16. (BCB: Carry Forward - State Water Pollution Control Revolving Fund) If any funds accumulated by the Budget and
 9   Control Board from loan fees are not expended during the preceding fiscal years, such funds may be carried forward and expended
10   for the costs associated with conducting the State Revolving Fund programs for wastewater or drinking water.
11      63.17. (BCB: State Water Pollution Control Revolving Fund) In the event that any state funds remain after fully matching
12   federal grants for the State Revolving Funds under the Clean Water Act or Safe Drinking Water Act, such funds may be deposited
13   into the South Carolina Infrastructure Revolving Loan Fund established pursuant to Section 11-40-50.
14      63.18. (BCB: Carry Forward Calculation) For purposes of calculating the amount of funds which may be carried forward by the
15   Budget and Control Board, grant and loan program funds carried forward by the Office of Local Government shall be excluded
16   from the calculation of the carry forward authorized by proviso 72.29 provision elsewhere in this Act.
17      63.19. (BCB: Mandatory Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a
18   fiscal year in which the general funds appropriated for a state agency, institution, or department are less than the general funds
19   appropriated for that state agency, institution, or department in Fiscal Year 2001-02, or whenever the General Assembly or the
20   Budget and Control Board implements an across-the-board budget reduction, agency heads may institute employee furlough
21   programs of not more than ten working days in the fiscal year in which the deficit is projected to occur. The furlough must be
22   inclusive of all employees in an agency or within a designated department or program regardless of source of funds or place of
23   work. The furlough must include all classified and unclassified employees in the designated area. If the furlough includes the
24   entire agency, the furlough must include the agency head. Scheduling of furlough days, or portions of days, shall be at the
25   discretion of the agency head, but under no circumstances should the agency close completely. During this furlough, affected
26   employees shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their
27   salaries. As to those benefits that which require employer and employee contributions, including but not limited to contributions to
28   the South Carolina Retirement System or the optional retirement program, the state agencies, institutions, and departments will be
29   responsible for making both employer and employee contributions if coverage would otherwise be interrupted; and as to those
30   benefits which require only employee contributions, the employee remains solely responsible for making those contributions.
31   Placement of an employee on furlough under this provision does not constitute a grievance or appeal under the State Employee
32   Grievance Procedure Act. In the event the reduction for the state agency, institution, or department is due solely to the General
33   Assembly transferring or deleting a program, this provision does not apply. The implementation of a furlough program authorized
34   by this provision shall be on an agency-by-agency basis. Agencies may allocate the employee’s reduction in pay over the balance
35   of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs. The Budget and Control
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 1   Board shall promulgate guidelines and policies, as necessary, to implement the provisions of this proviso. State agencies shall
 2   report information regarding furloughs to the Office of Human Resources of the Budget and Control Board.
 3      63.20. (BCB: Residential Group Care Facility Insurance Participation) Notwithstanding Section 1-11-720(A)(11) of the 1976
 4   Code, a residential group care facility, which provides on-site teaching for residents, is eligible to participate in the State Health
 5   and Dental Insurance Plan if the facility’s employees are currently members of the South Carolina Retirement System or if it
 6   provides, at no cost, educational facilities on its grounds to the school district in which it is located.
 7      63.21. (BCB: Local Provider Health Insurance) The local health care providers of the Department of Disabilities and Special
 8   Needs shall be awarded funding increases as prescribed for state agencies to cover the employer’s share for the cost of providing
 9   health and dental insurance to their employees.
10      63.22. (BCB: Health Plan Participation) In addition to those entities allowed to participate in the state health and dental
11   insurance plans pursuant to Section 1-11-720(A) of the 1976 Code, federally qualified health centers are allowed to participate in
12   the plan subject to the terms and conditions applicable to such participation in Section 1-11-720 of the 1976 Code. Centers that
13   elect to join the insurance program must sign an agreement binding them to all terms and conditions of Section 1-11-720(B).
14      63.23. (BCB: Technology and Other Initiatives) The Budget and Control Board shall use $100,000 to support partnerships that
15   further initiatives to align higher educational programs with the needs of technology-intensive industries. Additionally, the board
16   shall pay the annual dues for NCSL and CSG.
17      63.24. (BCB: Geodetic Mapping Program) Funds appropriated or authorized to the Budget and Control Board as a Special Item
18   for Mapping, shall be used for county boundary determination and resolution of the boundary between the states of South Carolina
19   and North Carolina.
20      63.25. (BCB: Lottery & Infrastructure Bank Health Insurance) South Carolina Lottery Commissioners and South Carolina
21   Transportation Infrastructure Bank Board members and their eligible dependents are eligible to participate in the State Health and
22   Dental Insurance Plan, upon paying the full premium costs as determined by the State Budget and Control Board.
23      63.26. (BCB: Adoption Assistance Program) The Employee Adoption Assistance Program is established to provide grants to
24   eligible employees to assist them with the direct costs of adoption. The program shall be an employee benefit through the
25   Employee Insurance Program(EIP) and shall be funded from the appropriation for the State Health Plan as provided in this act.
26   Total funding for the Adoption Program shall not exceed $700,000 annually. Employees are eligible for the Adoption Program if
27   they participate in the EIP, have adopted a child during the prior fiscal year, apply for the grant during the annual application
28   period, and meet any other Adoption Program criteria. The application period shall be July 1 through September 30 of the current
29   fiscal year for an adoption in the prior fiscal year. The maximum grant amounts shall be $10,000 in the case of the adoption of a
30   special needs child and $5,000 for all other child adoptions. Should the total amount needed to fund grants at the maximum level
31   exceed $700,000, the amount of a grant to an eligible employee shall be determined by dividing the $700,000 evenly among
32   qualified program applicants, with the adoption of a special needs child qualifying for two times the benefit of a non-special needs
33   child.
34      63.27. (BCB: MoneyPlus) In order to lessen the effect of any potential increase in employee rates for the State Health Plan , the
35   Budget and Control Board is directed to: (a) develop an aggressive outreach program for the purpose of enrolling employees in the
36   “MoneyPlus” flexible benefits program to assist employees in off-setting medical expenses. The board upon request shall report to
                                                                                                                                PAGE 499

 1   the Chairmen of the Senate Finance and House Ways and Means Committees the number of new enrollees to the program and the
 2   estimated savings to employees as a result of this effort; and (b) develop an aggressive outreach program for the purpose of
 3   educating members of the State Health Plan in programs that compliment the state health programs, and employee and plan costs
 4   with alternative revenue or funding sources. The board is also authorized to use funds from the State Health Plan to match
 5   alternative revenue or funding sources.
 6      63.28. (BCB: Military Service) Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time
 7   state employee who serves on active duty as a result “Operation Enduring Freedom” or “Operation Noble Eagle”, or in a unit
 8   federalized for duty in connection with potential or actual hostilities in Iraq, or any combination of these duties, and performs such
 9   duty may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a
10   calendar year as if it were annual leave.
11      63.29. (BCB: Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower
12   operations within institutions of higher learning campuses must conform to the present and any future master plans for such
13   property, as determined solely by the institution of higher learning.
14      63.30. (BCB: Military Service Leave) Notwithstanding any other provision of law, a state employee in an FTE position who
15   serves on active duty in a combat zone and who has exhausted all available leave for military purposes is entitled to receive up to
16   thirty additional days of military leave in any one year. Any one year means either a calendar year or, in the case of members
17   required to perform active duty for training or other duties within or on a fiscal year basis, the fiscal year of the National Guard or
18   reserve component issuing the orders.
19      63.31. (BCB: Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee Pay
20   Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance with the
21   following plan:
22         1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after
23   July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3%.
24         2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system
25   employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year
26   each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The
27   funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average
28   3% increase. All of the salaries are subject to the provisions of Section 72.18 of Part IB of this act and Office of Human Resources
29   approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase
30   in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this paragraph
31   shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
32         3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall
33   recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the
34   first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of
35   the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay
36   range.
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 1         4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the
 2   Agency Head Salary Commission, shall receive an annualized base pay increase of 3%.
 3         5. With respect to local health care providers compensation increases shall be 3% effective on the first pay date that occurs on
 4   or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office on
 5   Aging, compensation shall be increased by 3% effective on the first pay date that occurs on or after July 1 of the current fiscal year.
 6   With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging
 7   through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts
 8   shall be increased by 3%.
 9         6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial
10   officers shall receive an annualized base pay increase of 3%.
11         7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers
12   shall receive an annualized base pay increase of 3%.
13       The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on
14   the retirement rate of the retirement system in which individual employees participate.
15       The Executive Director of the Budget and Control Board is authorized to use excess appropriations for the current fiscal year, as
16   determined by the Director of the Office of State Budget, designated for statewide employer contributions for other statewide
17   purposes. At the discretion of the Executive Director of the Budget and Control Board, such action may be considered a permanent
18   transfer into the receiving agency’s base budget.
19       Funds appropriated in Part IA, F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from
20   the prior fiscal year into the current fiscal year.
21       63.32. (BCB: Lawsuit Funding) The Executive Director shall pay from the Insurance Reserve Fund the defense costs of the
22   State, which are incurred in the current fiscal year, in the Abbeville school funding litigation and the prisoner mental health care
23   litigation. The appropriate official from the House of Representatives and the Senate must certify to the Executive Director on a
24   monthly basis the costs incurred in defense of this litigation. Upon receipt of the certification, the Executive Director shall pay the
25   provider of these services the amount certified.
26       63.33. (BCB: Sale of Surplus Real Property) Up to 50% of the proceeds, net of selling expenses, from the sale of surplus real
27   properties shall be retained by the Budget and Control Board and used for the deferred maintenance of state-owned buildings. The
28   remaining 50% of the net proceeds shall be returned to the agency that the property is owned by, under the control of, or assigned
29   to and shall be used by that agency for non-recurring purposes. The Executive Director of the Budget and Control Board may use
30   up to $1,200,000 of funds retained by the board pursuant to this provision for technology enhancements. This provision applies to
31   all state agencies and departments except: institutions of higher learning; the Public Service Authority; the Ports Authority; the
32   MUSC Hospital Authority; the Myrtle Beach Air Force Redevelopment Authority; the Department of Transportation; the
33   Columbia State Farmers Market; the Department of Agriculture’s Columbia Metrology Lab building and property; property
34   pursuant to Paragraph 26.9 of this act; the Charleston Naval Complex Redevelopment Authority, and the Educational Television
35   Commission’s Key Road property.
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 1      The Educational Television Commission shall be authorized to retain the net proceeds from the sale of its property on Key Road,
 2   and such proceeds shall only be used for the renovation of the ETV Telecommunications Center. If it is determined that sufficient
 3   net proceeds are not to be derived from the sale of its property on Key Road to cover the cost of all renovations of the
 4   Telecommunications Center, the property on Key Road shall not be sold. Any proposed sale hereunder shall, prior to said sale, be
 5   submitted to the Budget and Control Board for approval as being in compliance with the requirements of this subsection.
 6      The Forestry Commission shall be authorized to retain the net proceeds from the sale of tracts a tract of land containing a total
 7   of twenty ten acres or less in Bamberg and Orangeburg Counties Horry County. Receipts generated by the sale of these tracts this
 8   tract shall be utilized for the agency’s capital improvement and/or facility maintenance program. The commission may sell these
 9   tracts this tract of land at or above fair market value as determined by independent appraisal.
10      The Department of Agriculture, the Educational Television Commission, and the Forestry Commission shall annually submit a
11   report, within sixty days after the close of the fiscal year, to the Senate Finance Committee and the House Ways and Means
12   Committee on the status of the sale of the identified property and a detailed accounting on the expenditure of funds resulting from
13   such sale.
14      This provision is comprehensive and supersedes any conflicting provisions concerning disposition of state owned real property
15   whether in permanent law, temporary law or by provision elsewhere in this act.
16      Any unused portion of these funds may be carried forward into succeeding fiscal years and used for the same purposes.
17      63.34. (BCB: Election File Merge) In order to assist the County Registration and Election Commissions to ensure that
18   registered voters are assigned to proper election districts, the Office of Research and Statistics, in conjunction with the SC Election
19   Commission, shall merge the voter registration file with the office’s Geocoded Address List and the district boundaries of the
20   Congress, SC Senate, SC House of Representatives, county councils, city councils, school districts and commissions of public
21   works. The merged systems will allow the Office of Research and Statistics to provide the respective county officials with a list of
22   potential voters who are possibly assigned to the wrong election district.
23      63.35. (BCB: Competitive Grants) Of the funds appropriated to the Budget and Control Board, $3,000,000 must be set aside for
24   a competitive grants program. These funds may be released to local subdivisions or nonprofit organizations only upon the
25   approval of the Grants Committee of the Budget and Control Board. The board is prohibited from transferring these funds to other
26   programs. In addition, the board may not withhold these funds for purposes of delaying or deferring approval by the Grants
27   Committee.
28      63.36. (BCB: Deductible Waiver Prohibition) In order to prevent non-compliance with federal laws pertaining to health care
29   savings accounts, a state sponsored health care entity may not waive the deductible or co-insurance for any employee enrolled in
30   the State Health Plan Savings Plan. This provision is comprehensive and supersedes any conflicting provisions whether in
31   permanent law, temporary law or by provision elsewhere in this act.
32      63.37. (BCB: Grants Review Committee) On and after January 1, 2006, there is created within the Budget and Control Board
33   the Grants Review Committee for the purpose of awarding competitive community grants to counties and municipalities. The
34   committee shall consist of five members with one member appointed by each of the following officials: the Governor, the
35   President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chairman of the Finance Committee of the
36   Senate, and the Chairman of the Ways and Means Committee of the House of Representatives. The officials may make initial
                                                                                                                               PAGE 502

 1   appointments to the committee and the committee members may organize prior to January 1, 2006. Members shall serve two-year
 2   terms coterminous with the appointing official. The committee must adopt rules of procedure and elect a chairman from the
 3   membership of the committee.
 4      The committee must meet at least twice annually to review applications for grants submitted by counties and municipalities. All
 5   applications must conform to and all grants must be awarded pursuant to criteria established by the committee. Grants must be
 6   awarded in amounts determined by the committee from funds appropriated by the General Assembly. Staff for the committee must
 7   be provided by the Budget and Control Board.
 8      Applications for grants of one hundred thousand dollars or less must be processed administratively by the staff pursuant to
 9   criteria established by the committee. Applications for grants to exceed one hundred thousand dollars must be reviewed for
10   approval by the committee.
11      63.38. (BCB: South Carolina 911 Advisory Committee) The CMRS Emergency Telephone Advisory Committee established
12   pursuant to Section 23-47-65 of the 1976 Code and which terminated after August 1, 2004, is reestablished for the current fiscal
13   year as it was established in Section 23-47-65. The powers of that committee which were devolved on the State Budget and
14   Control Board are redevolved in are devolved on the reestablished committee and the committee shall advise the Budget and
15   Control Board on 911 matters. However, this reestablished committee is renamed the South Carolina 911 Advisory Committee
16   and the ex officio membership of the State Auditor is replaced by a State Budget and Control Board Division Director appointed by
17   the Governor, who shall serve ex officio. The Director of the Office of Research and Statistics shall serve in lieu of the Director of
18   the State Chief Information Officer Division. Also, the member who is an employee of a telephone service supplier must be
19   replaced by an employee of a local exchange access facility service supplier licensed to do business in this State.
20      63.39. (BCB: Retiree Health Funding Study) There shall be established a special committee to study the State's obligation for
21   Other Post-Employment Benefits (OPEB). This study shall address current funding and potential pre-funding of retiree health
22   insurance, eligibility standards for retiree insurance, funding sources for retiree insurance, reporting requirements for retiree
23   insurance funding obligations, and the experience of other jurisdictions in addressing retiree insurance obligations. The Governor,
24   State Treasurer, Comptroller General, Senate President Pro Tempore, and Speaker of the House of Representatives, shall each
25   appoint one member to the committee and the Chairman of the Senate Finance Committee and Chairman of the House Ways &
26   Means Committee shall each appoint two members to the committee. The Budget & Control Board shall provide staff support to
27   the committee, including actuarial support. The special committee members shall serve without compensation. The committee
28   shall report its findings to the Governor and to the General Assembly by January 15, 2007.
29      63.40. (BCB: Anderson County Veteran’s Cemetery) The Budget and Control Board may make funds and positions
30   appropriated to it for a veteran’s cemetery available to the appropriate governmental entity for that entity's use for the operation of
31   the state veterans' cemetery in Anderson County. Unexpended funds from a prior year’s appropriation for a veteran’s cemetery
32   may be carried forward into the current fiscal year and expended for any funding requirement within a Budget and Control Board
33   proviso.
34      63.41. (BCB: Transition Assistance) The Budget and Control Board shall provide transition services to constitutional officers
35   who are elected during Fiscal Year 2006-07. These transition services may include, but are not limited to, office space,
36   communication services, and administrative support until the constitutional officer assumes office. These services shall not be
                                                                                                                            PAGE 503

 1   available to incumbent constitutional officers re-elected during fiscal year 2006-2007. All support provided shall be at the
 2   discretion of the Executive Director of the Budget and Control Board.
 3      63.42. (BCB: Base Closure Carry Forward) Funds appropriated to the Budget and Control Board for the Base Closure Fund
 4   shall be carried forward into the current fiscal year and shall be used for the same purpose.
 5      63.43. (BCB: SC/NC Boundary Dispute) The Budget and Control Board is directed to submit a report to the Senate Finance
 6   Committee and the House Ways and Means Committee regarding the progress of the South Carolina and North Carolina Boundary
 7   Dispute within sixty days of the close of each fiscal year until such dispute is resolved.
 8      63.44. (BCB: Board Functions Privatization) The Budget and Control Board shall conduct a study prior to a new privatization
 9   of any board function to determine that privatization will result in greater cost efficiencies to the board and state agencies. Cost
10   saving to the Board’s customers must be demonstrated and prior approval by the General Assembly either by joint resolution or
11   statutory authorization is required before any new privatization is implemented. The results of the study shall be presented to the
12   Governor, Chairman of the Senate Finance Committee, and Chairman of the House Ways and Means Committee for fiscal review.
13      63.45. (BCB: Board Study Expenses) Any request directing the Budget and Control Board to conduct a study or produce a
14   report that requires the expenditure of funds for the engagement of resources outside those available within the board is suspended
15   until funding is appropriated for the cost of such resources.
16      63.46. (BCB: Confederate Relic Room) The Budget and Control Board, Office of State Budget is directed to change the
17   reference to the SC Confederate Relic Room & Museum, found in Part IA, Section 63, Program IV.E. of this act, to the SC
18   Confederate Relic Room & Military Museum in the final printing of this act. The Code Commissioner is directed to change all
19   appropriate Code of Law references to the SC Confederate Relic Room & Museum to the SC Confederate Relic Room & Military
20   Museum in the next printing of the Code of Laws or of the supplement to the Code.
21      63.47. (BCB: SC Boundary Commission) There is hereby created the South Carolina Boundary Commission to be composed of
22   seven members as follows: one member appointed by the President Pro Tempore of the Senate; one member appointed by the
23   Speaker of the House of Representatives; one member appointed by the Chairman of the Senate Finance Committee; one member
24   appointed by the Chairman of the House Ways and Means Committee; the Director of the Budget and Control Board’s Office of
25   Research and Statistics; the Director of the Department of Natural Resources, or his designee; and the technical advisor of the
26   Geodetic and Mapping Survey Program appointed by the Director of the Office of Research and Statistics who shall serve as the
27   coordinator and chairman of the commission. The purpose of the commission is to work with the North Carolina Boundary
28   Commission to resolve undocumented boundaries between South Carolina and North Carolina.
29      63.48. (BCB: National Guard Pension Eligibility) From the $3,948,224 funds appropriated in Part IA, Section 63B, for
30   “Pensions-Ret National Guard,” a person who becomes a member of the National Guard after June 30, 1993, if otherwise eligible,
31   may receive a National Guard pension authorized by Chapter 10 of Title 9. The provisions of this paragraph apply to National
32   Guard pension benefits payable on or after January 1, 2007.
33      63.49. (BCB: Forest Firefighters Salary Review) The Budget and Control Board Office of Human Resources is hereby directed
34   to conduct a review of wild land firefighter personnel salaries at the South Carolina Forestry Commission as compared to other
35   Southeastern states. The agency is directed to cooperate with the Budget and Control Board in completion of this study. This
36   study shall include a comparison of salary ranges, average salaries within salary ranges, average salary within each salary range
                                                                                                                            PAGE 504

 1   in reference to time in each salary range, and required training for each salary range. Results of this review shall be reported to
 2   the Chairmen of the Senate Finance Committee and the House Ways and Means Committee by December 31, 2007.
 3      63.50. (BCB: SCEIS) In addition to the special account each state agency is authorized by Section 11-53-10 of the 1976 Code
 4   to establish for the purpose of funding the agency’s nonrecurring implementation expenses of the South Carolina Enterprise
 5   Information System (SCEIS), the Chief Information Officer of the Budget and Control Board shall set aside, in a special account,
 6   $2,000,000 from its operating reserves to be expended for implementation of the SCEIS project.
 7      63.51. (BCB: SEC Legal Expenses) The Executive Director of the Budget & Control Board must reimburse the State Ethics
 8   Commission from the Insurance Reserve Fund for expenses incurred in the defense of South Carolinians for Responsible
 9   Government v. Krawcheck, et al., and South Carolina Citizens for Life v. Krawcheck, et al., both filed in the United States District
10   Court of South Carolina, and where the Attorney General has refused to defend the action and the Budget & Control Board has
11   refused to use the Civil Contingent Fund, as provided for in Section 8-13-1373, to pay for defense of such action. The appropriate
12   official of the State Ethics Commission must certify to the Executive Director on a monthly basis the costs incurred in defense of
13   these actions. Upon receipt of the certification the Executive Director shall reimburse the State Ethics Commission the amount
14   certified.
15      63.52. (BCB: First Responder Interoperability) The Budget and Control Board, through its division of the State Chief
16   Information Officer, is directed to administer and coordinate First Responder Interoperability operations for the statewide
17   Palmetto 800 MHz radio system to better coordinate public safety disaster responses and communications. First Responder
18   Interoperability administration and coordination shall be funded as provided in this Act. The funds shall be utilized for system
19   administration and coordination and radio user fees of state agencies and public safety first responders (Fire, EMS and Law
20   Enforcement) that participate in the statewide Palmetto 800 MHz radio system. The funds shall also be utilized to provide private
21   county and city 800 MHz radio systems with grant funds to be used for purchases of equipment that support interoperability with
22   the statewide Palmetto 800 MHz radio system and its users. Grant funds shall be allocated to private county and city 800 MHz
23   radio systems in amounts proportional to the amounts allocated to support the per-site radio user fees of state agencies and public
24   safety first responders that participate in the statewide Palmetto 800 MHz radio system. The funds shall be disbursed by the
25   division of the State Chief Information Officer based on the technical aspects of the Palmetto 800 MHz radio system and the
26   jurisdictional requirements of fund recipients, and after consultation with the State Law Enforcement Division, the Department of
27   Public Safety, and the State Emergency Management Division, and a representative of the S. C. Sheriff’s Association. Upon
28   completion of fully funding system administration and coordination, state agency and public safety first responder user fees, and
29   private county and city 800 MHz equipment purchases, any remaining funds may be used to enhance and expand the statewide
30   Palmetto 800 MHz radio system. All funds shall be held in a separate account established by the Board for the purposes set forth
31   herein. Any unexpended portion of these funds may be carried forward and used for the same purpose. In the calculation of any
32   across-the-board budget reduction mandated by the Budget and Control Board or General Assembly, the amount appropriated to
33   the Budget and Control Board for First Responder Interoperability must be excluded from the Board’s base budget.
34      63.53. (BCB: SCHIDS) There is created within the Budget and Control Board, Office of Research and Statistics, the South
35   Carolina Health Integrated Data Services (SCHIDS) subprogram under the “Health and Demographic Statistics” program. The
36   purpose of the subprogram is to disseminate data about prevalence, treatment and cost of disease from the South Carolina Health
                                                                                                                                PAGE 505

 1   and Human Services Data Warehouse and in particular the Medicaid System in order to educate communities statewide about
 2   improving health and wellness through lifestyle changes.
 3      All state agencies and public universities involved in educating South Carolinians through public programs to improve health
 4   and wellness shall communicate with the Office of Research and Statistics in order to improve collaboration and coordination and
 5   the possible use of SCHIDS to assist in the evaluation of program outcomes.
 6      Medicaid staff shall coordinate with the SCHIDS program staff to target Prevention Partnership Grant awards to those
 7   communities demonstrating a prevalence of chronic disease and/or lack of access to care.
 8      63.54. (BCB: FY 07-08 Employee Compensation) The amounts appropriated to the Budget and Control Board for Employee
 9   Pay Increases must be allocated by the Board to the various state agencies to provide for employee pay increases in accordance
10   with the following plan:
11         1. With respect to classified and non-judge judicial classified employees, effective on the first pay date that occurs on or after
12   July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3%.
13         2. With respect to unclassified and non-judge judicial unclassified employees or unclassified executive compensation system
14   employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year
15   each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The
16   funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an average
17   3% increase. All of the salaries are subject to the provisions of Section 72.18 of Part IB of this act and Office of Human Resources
18   approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay
19   increase in excess of the guidelines established by the Budget and Control Board. Any employee subject to the provisions of this
20   paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
21         3. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall
22   recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the
23   first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of
24   the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay
25   range.
26         4. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the
27   Agency Head Salary Commission, shall receive an annualized base pay increase of 3%.
28         5. With respect to local health care providers compensation increases shall be 3% effective on the first pay date that occurs
29   on or after July 1 of the current fiscal year. With respect to Area Agencies on Aging funded by the Lieutenant Governor’s Office
30   on Aging, compensation shall be increased by 3% effective on the first pay date that occurs on or after July 1 of the current fiscal
31   year. With respect to local councils on aging or local providers of services funded by the Lieutenant Governor’s Office on Aging
32   through Area Agencies on Aging, no pay increases will be allowed. School Bus Driver salary and fringe funding to school districts
33   shall be increased by 3%.
34         6. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial
35   officers shall receive an annualized base pay increase of 3%.
                                                                                                                                 PAGE 506

 1         7. Effective on the first pay date that occurs on or after July 1 of the current fiscal year, county auditors and county treasurers
 2   shall receive an annualized base pay increase of 3%.
 3      The Budget and Control Board shall allocate associated compensation increases for retirement employer contributions based on
 4   the retirement rate of the retirement system in which individual employees participate.
 5      Funds appropriated in Part IA, F30, Section 63B, Budget and Control Board, Employee Benefits may be carried forward from
 6   the prior fiscal year into the current fiscal year.
 7      63.55. (BCB: Pacolet Sewer Project) Of the funds appropriated and/or authorized to the Budget and Control Board, the board
 8   is directed to transfer $100,000 to the Pacolet Sewer Project.
 9      63.56. (BCB: Public Procurement Unit) For purposes of participation in the Minnesota Multi State Contracting Alliance for
10   Pharmacy (MMCAP), a private, nonprofit corporation that provides only free medical care may be allowed to participate as a
11   local public procurement unit in the MMCAP cooperative purchase. Participating nonprofit corporations must comply with all
12   applicable federal laws or regulations for participation in the MMCAP cooperative purchase. The state shall not be liable for any
13   action or inaction of such a nonprofit corporation.
14      63.57. (BCB: Agency Rent Adjustments) Due to the maturity of outstanding lease revenue bonds the Budget and Control Board
15   is directed to reduce rent paid by the following agencies as follows: Department of Revenue, Columbia Mills Building - $436,288;
16   and the State Museum, Columbia Mills Building - $396,675.
17      63.58. (BCB: Insurance Contracts Bid Process) All contracts of insurance or reinsurance for state property, casualty, or tort
18   insurance coverages entered into by the Budget and Control Board in Fiscal Year 2007-2008 must be awarded by competitive
19   sealed bid in the manner provided by Section 11-35-1520 of the Consolidated Procurement Code.
20      63.59. (BCB: Classification Exemption) The State Chief Information Officer within the Budget and Control Board is not
21   considered a Division Director for purposes of the exemptions contained in Section 8-17-370(8) of the 1976 Code.
22      63.60. (BCB: South Carolina Wireless Technology and Communications Commission) There is created a commission to be
23   known as the "South Carolina Wireless Technology and Communications Commission", composed of the following thirteen
24   members, of whom eleven are voting members and two are nonvoting members: (1) two members of the South Carolina Senate
25   appointed by the President Pro Tempore of the Senate; (2) two members of the House of Representatives appointed by the Speaker
26   of the House of Representatives; (3) two members of the private sector appointed by the President Pro Tempore of the Senate; (4)
27   two members of the private sector appointed by the Speaker of the House of Representatives; (5) one member from the private
28   sector appointed by the Governor; (6) the Secretary of Commerce or his designee; (7) the Chairman of the South Carolina
29   Educational Television Endowment; (8) the State Chief Information Officer (CIO), or his designee, who shall serve ex officio in a
30   nonvoting and advisory capacity; and (9) the Executive Director of the Office of Regulatory Staff, or his designee, who shall serve
31   ex officio in a nonvoting and advisory capacity. Private sector appointees must have expertise in telecommunication or broadband
32   issues.
33      The President Pro Tempore of the Senate shall designate a co-chairperson to the commission from the Senate membership of the
34   commission and the Speaker of the House of Representatives shall designate a co-chairperson to the commission from the House of
35   Representatives membership of the commission.
                                                                                                                           PAGE 507

 1      Commission members shall serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on
 2   the commission while they hold that office. A vacancy in the membership of the commission must be filled in the manner of the
 3   original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding
 4   provided in Section 3, Article VI of the Constitution of this State. Notwithstanding Section 8-13-770 of the 1976 Code, members of
 5   the General Assembly may be appointed to serve on this committee as provided herein.
 6      Commission members shall serve without compensation, except citizen members are allowed the per diem and mileage as
 7   provided by law for members of a board, committee, or commission while on official business of the commission.
 8      The State CIO Division of the Budget and Control Board shall provide staff and resources for the commission.
 9      The powers and duties of the commission include, but are not limited to, the following: (1) develop timeframes and processes
10   for the implementation of a statewide wireless broadband network and evaluate how to best foster a partnership between the
11   private sector and public sector for the implementation and operation of a statewide wireless broadband network; (2) ensure the
12   most effective use of the State’s broadband and wireless communications infrastructure including, but not limited to, Federal
13   Communications Commission licenses and wireless towers and antennas held or acquired by state agencies, departments,
14   commissions, or similar bodies.; (3) direct the State CIO Division of the Budget and Control Board to implement the decisions of
15   the commission, to enter into legal agreements and other matters relating to a statewide wireless broadband network, and to lease,
16   license, or leverage the State’s broadband wireless and communications infrastructure. Funds received from the lease, license, or
17   other disposition of the State’s broadband and wireless communications infrastructure must be placed in a separate account
18   established by the State CIO Division of the Budget and Control Board to support the statewide wireless broadband network. Any
19   unexpended portion of these funds may be carried forward until the statewide wireless broadband network is operational and the
20   commission determines the funds are no longer necessary, at which time these funds shall lapse to the general fund; (4)
21   recommend to the General Assembly necessary legislation, rules, programs, and policies for the State, a state agency, or a
22   political subdivision of the State for the creation or operation of a statewide wireless broadband network; (5) assess the
23   availability of and need for advanced communications services in unserved and underserved areas within the State.
24      The University of South Carolina and its satellite campuses, Clemson University, Clemson University-Public Service Activities,
25   the Medical University of South Carolina, and the Medical University Hospital Authority may elect not to participate in the
26   requirements of this provision.
27
28   SECTION 63B - F30 - BUDGET AND CONTROL BOARD, EMPLOYEE BENEFITS
29
30     63B.1. (BCB/EB: Deferred Compensation) To the extent funds are appropriated, the State shall make contributions to deferred
31   compensation plan accounts on behalf of permanent, full-time state employees who were employed and earned less than $20,000
32   per year as of July 1, 2000, in an amount and under the terms and conditions prescribed for such contributions by the State Budget
33   and Control Board, without such employees making contributions to the deferred compensation plan.
34     63B.2. (BCB/EB: Funding Abortions Prohibited) No funds appropriated for employer contributions to the State Health
35   Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the life of the
36   mother is in jeopardy, and the State Health Plan may not offer coverage for abortion services.
                                                                                                                              PAGE 508

 1      63B.3. (BCB/EB: Exempt National Guard Pension Fund) In the calculation of any across-the-board cut mandated by the Budget
 2   and Control Board or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded.
 3      63B.4. (BCB/EB: Employee Mileage Reimbursement) The amount appropriated for employee mileage reimbursement must be
 4   allocated to state agencies by the Budget and Control Board’s Office of State Budget in the same proportion as the agencies’
 5   general fund expenditures for mileage reimbursement in the prior fiscal year.
 6
 7   SECTION 64 - R44 - DEPARTMENT OF REVENUE
 8
 9      64.1. (DOR: Subpoenaed Employee Expense Reimbursement) If any employee of the Department of Revenue is subpoenaed to
10   testify during litigation not involving the Department of Revenue, the party subpoenaing the employee(s) to testify shall reimburse
11   the State for expenses incurred by the employee(s) requested to testify. Expenses shall include but are not limited to the cost of
12   materials and the average daily salary of the employee or employees.
13      64.2. (DOR: Court Order Funds Carry Forward) Funds awarded to the Department of Revenue by court order shall be retained
14   in a special account and shall be carried forward from year to year, and expended as needed to accomplish the purposes and
15   conditions of said order if specified, and if not specified, as may be directed by the Director of the Department of Revenue.
16      64.3. (DOR: Training) The Department of Revenue may charge participants a fee to cover the cost of education and training
17   programs. The revenue generated may be applied to the cost of the related operation, and any unexpended balance may be carried
18   forward to subsequent fiscal periods and utilized for the same purpose.
19      64.4. (DOR: Tax Education Program) Pursuant to taxpayer educational activities stipulated and authorized by SC Code Section
20   12-58-40, the Department of Revenue may charge participants a fee to recover the related direct costs. The revenue generated
21   from this may be applied to said cost, and any unexpended balance may be carried forward to subsequent fiscal periods and used
22   for the stated purpose.
23      64.5. (DOR: Enforcement-Confiscated Alcoholic Beverage Revenue) The Department of Revenue is directed to maintain
24   adequate records accounting for the receipt of funds from the sale of confiscated alcoholic beverages. Such revenue shall be
25   deposited to the credit of the General Fund of the State after deducting the cost of confiscation and sale.
26      64.6. (DOR: Federal Refund Offset Program) The department may incur and pay the expense of the fee required at Internal
27   Revenue Code 6402(e)(6), as may be required to effectuate the Federal Refund Offset Program, and this fee must be paid upon
28   certificate of the department by drawing upon funds from the same tax type set off.
29      64.7. (DOR: Administrative Fees) The Department of Revenue may impose a sixty dollar fee for the issuance of each
30   certificate of compliance. A thirty-five dollar fee for each informal nonbinding letter concerning eligibility for infrastructure
31   credits against the license tax shall be imposed. These fees must be retained and expended for use in budgeted operations.
32      64.8. (DOR: Installment Agreements) To defray administrative expenses, the department is authorized to impose a forty-five
33   dollar fee for entering into installment agreements for the payment of tax liabilities. The fee shall be retained and expended for use
34   in budgeted operations.
35      64.9. (DOR: Data Warehousing) The Department of Revenue is authorized to contract with private industry to establish data
36   mining and data warehousing capabilities within the department, to enhance compliance and collections. Such arrangements may
                                                                                                                              PAGE 509

 1   include payment from the increased revenue generated by such capabilities. The department shall be allowed reimbursement of
 2   costs associated with administration of this proviso from the data warehouse generated collections. This amount may be retained
 3   and expended for budgeted operations.
 4      64.10. (DOR: Temporary Permits) Temporary permits issued by the Department of Revenue pursuant to Section 61-6-2010
 5   may be issued in all parts of a municipality when any part of the municipality has been approved for the issuance of such permits.
 6      64.11. (DOR: Bankruptcy) The department may retain and expend in budgeted operations the first $150,000 from its bankruptcy
 7   operations to defray its administrative costs to include staff. The remaining revenue collected shall be remitted to the general fund.
 8      64.12. (DOR: Military Quarterly Filing Relief) No interest, penalties, or other sanctions may be imposed on the active duty
 9   income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with
10   regard to payment of state estimated quarterly individual income tax payments of the active duty income if the federal government
11   is unable to properly withhold State of South Carolina income taxes due on their active duty pay.
12      64.13. (DOR: Audit) The department shall use available personnel to conduct audits involving all taxes to help promote
13   voluntary compliance and to collect dollars for the general fund and designated accounts.
14      64.14. (DOR: Rural Infrastructure Fund Transfer) Notwithstanding Section 12-10-85, the Department of Revenue is authorized
15   to deposit revenues from the Rural Infrastructure Fund in excess of $12 million dollars to the Rural Infrastructure Bank Trust Fund
16   under the Budget and Control Board, Office of Local Government. Any revenues in excess of $17 million shall be deposited in the
17   Rural Infrastructure Fund under the Department of Commerce, Coordinating Council.
18      64.15. (DOR: Nonprofit Organization Excise Tax Exemption) Excise taxes equal to five percent of the gross proceeds of the
19   sales of alcoholic liquor by the drink for on-premises consumption in an establishment licensed pursuant to Article 5, Chapter 6,
20   Title 61 shall not be imposed on nonprofit organizations that are issued a temporary permit pursuant to Sections 61-6-510 and 61-
21   6-2000.
22      64.16. (DOR: 2007 Index of Taxpaying Ability) The Department of Revenue may amend the 2007 Index of Taxpaying Ability for
23   purposes of calculating the correct 2007 Index of Taxpaying Ability.
24
25   SECTION 65 - R52 - STATE ETHICS COMMISSION
26
27      65.1. (SEC: Training Charges) The State Ethics Commission may charge a ten dollar fee to partially offset the cost of providing
28   ethics education and training programs, to include costs associated with travel, i.e. mileage, lodging and meals, as well as costs
29   associated with handouts and other training materials.
30      65.2. (SEC: Enforcement Administrative Charges) The State Ethics Commission may levy an enforcement/administrative fee to
31   all individuals who are found in violation, or who admit to violations, of The Ethics, Government Accountability and Campaign
32   Reform Act of 1991 to reimburse the Commission for costs associated with the investigation of and hearings into those violations.
33   The costs associated include: the investigator’s time, mileage, meals and lodging; the prosecutor’s time; the hearing panel’s travel,
34   per diem, and meals; administrative time; subpoena costs to include witness fees and mileage; and miscellaneous costs such as
35   postage and supplies. This fee is in addition to any and all fines as otherwise provided by law.
                                                                                                                                  PAGE 510

 1     65.3. (SEC: Retention of Revenue From Fees) The Ethics Commission is authorized to retain any funds derived from additional
 2   assessments associated with late filing fees to offset the costs of administering and enforcing the Ethics, Government
 3   Accountability, and Campaign Reform Act. The commission shall be authorized to carry forward unexpended funds into the
 4   current fiscal year for the same purpose.
 5     65.4. (SEC: Carry Forward Lobbying Fees) The State Ethics Commission is authorized to carry forward unexpended lobbyists
 6   and lobbyist’s principal registration fees into the current fiscal year and to use these funds for the same purpose.
 7
 8   SECTION 66 - S60 - PROCUREMENT REVIEW PANEL
 9
10      66.1. (PRP: Filing Fee) Requests for administrative review before the South Carolina Procurement Review Panel shall be
11   accompanied by a filing fee of two hundred and fifty dollars ($250.00), payable to the SC Procurement Review Panel. The panel is
12   authorized to charge the party requesting an administrative review under the South Carolina Code Sections 11-35-4210(6), 11-35-
13   4220(5), 11-35-4230(6) and/or 11-35-4410(4). The funds generated by the filing fee shall be retained by the panel and carried
14   forward to be used for the operation of the panel. Withdrawal of an appeal will result in the filing fee being forfeited to the panel.
15   If a party desiring to file an appeal is unable to pay the filing fee because of hardship, the party shall submit a notarized affidavit to
16   such effect. If after reviewing the affidavit the panel determines that such hardship exists, the filing fee shall be waived.
17
18   SECTION 68 - V04 - DEBT SERVICE
19
20     68.1. (DS: Excess Debt Service Funds Carry Forward) The State Treasurer’s Office is directed to carry forward $3,500,000 of
21   Excess Debt Service funds from Fiscal Year 2006-07 to provide for retirement of the entire outstanding amount of Series 1990
22   South Carolina Resources Authority Revenue Bonds; provided, however, that such retirement shall not discharge the local
23   obligation or in any way relieve the Town of New Ellenton of its requirement to make court-ordered payments to the South
24   Carolina Resources Authority. Any remaining Excess Debt Service funds from Fiscal Year 2006-07 may be carried forward and
25   expended for debt service purposes in Fiscal Year 2007-08.
26
27   SECTION 69A - X12 - AID TO SUBDIVISIONS, COMPTROLLER GENERAL
28
29      69A.1. (AS-CG: Salary Supplements) The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Clerks of Court, Aid
30   Cnty-Probate Judges, Aid Cnty-Coroners, and Aid Cnty-Sheriffs shall be distributed by the Comptroller General to each county
31   treasurer equally, and shall be used as a salary supplement for each clerk of court, probate judge, county coroner, and county
32   sheriff. The amounts appropriated in Part IA, Section 69A, for Aid Cnty-Register of Deeds, shall be equally distributed by the
33   Comptroller General to the appropriate county treasurer, and shall be used as a salary supplement for registers of deeds. The
34   amount appropriated in Part IA, Section 69A, for Aid Cnty-Auditors and Aid Cnty-Treasurers, shall be equally distributed to each
35   county auditor and county treasurer as a salary supplement in addition to any amounts presently being provided by the county for
36   these positions. It is the intent of the General Assembly that the amount appropriated by the county as salaries for these positions
                                                                                                                              PAGE 511

 1   shall not be reduced as a result of the appropriation and that such appropriation shall not disqualify each county auditor and each
 2   county treasurer for salary increases that they might otherwise receive from county funds in the future. The salary supplement for
 3   each county auditor and county treasurer shall be paid in accordance with the schedule and method of payment established for state
 4   employees.
 5      69A.2. (AS-CG: Property Tax Relief Reimbursement) The amount to be deducted from state individual and corporate income
 6   tax revenues and credited to the Trust Fund for Tax Relief to fund the reimbursement required by Section 12-37-251, is suspended
 7   to the extent that the amount to be deducted would exceed the amount deducted in the prior fiscal year.
 8      69A.3. (AS-CG: Legislative Delegations) In the current fiscal year, a county government must fund its legislative delegation
 9   budget as approved by the delegation for FY 2003-04, as authorized by law. If a county council does not meet that funding level,
10   the amount of the shortfall must be deducted from the responsible county’s Aid to Subdivisions allocation and forwarded to the
11   legislation delegation of the county. Additionally, the responsible county’s remaining Aid to Subdivisions allotment must be
12   reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its
13   administrative costs.
14
15   SECTION 69B - X22 - AID TO SUBDIVISIONS, STATE TREASURER
16
17      69B.1. (AS-TREAS: Veterans’ Affairs-Aid to Counties) In the allocation of the appropriation in Part IA, Section 69B, as
18   adjusted for “Aid to County Veteran Offices,” each county shall receive an effective annual amount equal to 100% of the amount
19   allocated to it for the prior fiscal year plus an amount equivalent to base pay increases for state employees, less any adjustments
20   made for budget reductions. This allocation shall be distributed on a quarterly basis to the County Treasurer who will handle and
21   distribute these monies for the sole benefit and use of the County Veterans' Affairs Offices.
22   SECTION 72 - X90 - GENERAL PROVISIONS
23
24      72.1. (GP: Revenues, Deposits Credited to General Fund) For the current fiscal year, except as hereinafter specifically
25   provided, all general state revenues derived from taxation, licenses, fees, or from any other source whatsoever, and all institutional
26   and departmental revenues or collections, including income from taxes, licenses, fees, the sale of commodities and services, and
27   income derived from any other departmental or institutional source of activity, must be remitted to the State Treasurer at least once
28   each week, when practical, and must be credited, unless otherwise directed by law, to the General Fund of the State. Each
29   institution, department or agency, in remitting such income to the State Treasurer, shall attach with each such remittance a report or
30   statement, showing in detail the sources itemized according to standard budget classification from which such income was derived,
31   and shall, at the same time, forward a copy of such report or statement to the Comptroller General and the State Budget and
32   Control Board. In order to facilitate the immediate deposit of collections, refunds of such collections by state institutions where
33   properly approved by the authorities of same, may be made in accordance with directions from the State Comptroller General and
34   State Treasurer. General fund appropriations herein made for the support of the public school system of the State must be greater
35   than or equal to the revenues derived from the General Retail Sales Tax, the Soft Drinks Tax, and the state’s portion of the
36   Alcoholic Liquors Tax and Cable Television Fees as forecasted in the general fund revenue estimate of the Board of Economic
                                                                                                                               PAGE 512

 1   Advisors as accounted for in Section 71 of this act. Appropriations in this act for the support of the public school system shall
 2   include the following:
 3         Department of Education;
 4         State Board for Technical and Comprehensive Education;
 5         Educational Television Commission;
 6         Wil Lou Gray Opportunity School;
 7         School for the Deaf and the Blind;
 8         John de la Howe School;
 9         Debt Service on Capital Improvement Bonds Applicable to
10         Above Agencies;
11         Debt Service on School Bonds;
12         Other School Purposes.
13      Nothing contained herein shall be construed as diminishing the educational funding requirements of this section.
14      72.2. (GP: Appropriations From Funds) Subject to the terms and conditions of this act, the sums of money set forth in this part,
15   if so much is necessary, are appropriated from the General Fund of the State, the Education Improvement Act Fund, the Highways
16   and Public Transportation Fund, and other applicable funds, to meet the ordinary expenses of the state government for Fiscal Year
17   2006-07 2007-08, and for other purposes specifically designated.
18      72.3. (GP: Fiscal Year Definitions) For purposes of the appropriations made by this part, “current fiscal year” means the fiscal
19   year beginning July 1, 2006 2007, and ending June 30, 2007 2008, and “prior fiscal year” means the fiscal year beginning July 1,
20   2005 2006, and ending June 30, 2006 2007.
21      72.4. (GP: Descriptive Proviso Titles) Descriptive proviso titles listed in this act are for purposes of identification only and are
22   not to be considered part of the official text.
23      72.5. (GP: Judicial & Involuntary Commitment, Defense of Indigents) It is the responsibility of all agencies, departments and
24   institutions of state government, to provide at no cost and as a part of the regular services of the agency, department or institutions
25   such services as are necessary to carry out the provisions of Chapter 52 of Title 44 (Involuntary Commitment), Article 7, Chapter
26   17 of Title 44 of the 1976 Code (Judicial Commitment), Chapter 3 of Title 17 of the 1976 Code (Defense of Indigents), and Article
27   1 of Chapter 3 of Title 16 of the 1976 Code (Death Penalty), as amended, upon request of the Judicial Department and/or the
28   appropriate court. To this end, state agencies are directed to furnish to the Judicial Department a list of their employees who are
29   competent to serve as court examiners. The Judicial Department shall forward a copy of this list to the appropriate courts, and the
30   courts shall utilize the services of such state employees whenever feasible. State employees shall receive no additional
31   compensation for performing such services. For the purpose of interpreting this section, employees of the Medical University of
32   South Carolina and individuals serving an internship or residency as an academic requirement or employees who are not full-time
33   state employees and who are not performing duties as state employees are not considered state employees.
34      72.6. (GP: Case Service Billing Payments Prior Year) Notwithstanding any other provision of law, agencies appropriated case
35   services funds who routinely receive prior year case service billings after the old fiscal year has been officially closed are
                                                                                                                                PAGE 513

 1   authorized to pay these case service obligations with current funds. This authorization does not apply to billings on hand that have
 2   been through a timely agency payment approval process when the old fiscal year closes.
 3      72.7. (GP: Federal Program Expenses, Lag Time) After July 1, of the current fiscal year, the Department of Health and
 4   Environmental Control, Department of Mental Health, Department of Disabilities & Special Needs, Department of Social Services,
 5   Department of Health and Human Services, Division on Aging, Division of Foster Care, Department of Corrections, and
 6   Department of Juvenile Justice may expend if necessary, state appropriated funds for the current fiscal year to cover fourth quarter
 7   federal programs expenses incurred in the prior fiscal year necessitated by the time lag of federal reimbursement.
 8      72.8. (GP: Fee Increases) (A) No state agency, department, board, committee, commission, or authority, may increase an
 9   existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or
10   function is authorized by statutory law and set by regulation except as provided in this paragraph.
11         (B) This paragraph does not apply to:
12           (1) state-supported governmental health care facilities;
13           (2) state-supported schools, colleges, and universities;
14           (3) educational, entertainment, recreational, cultural, and training programs;
15           (4) the State Board of Financial Institutions;
16           (5) sales by state agencies of goods or tangible products produced for or by these agencies;
17           (6) charges by state agencies for room and board provided on state-owned property;
18           (7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
19           (8) court fees or fines levied in a judicial or adjudicatory proceeding;
20           (9) the South Carolina Public Service Authority or the South Carolina Ports Authority.
21         (C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for
22   services provided to other state agencies, departments, boards, committees, commissions, political subdivisions, or fees for health
23   care and laboratory services regardless of whether the fee is set by statute.
24         (D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative
25   Procedures Act.
26      72.9. (GP: State Institutions - Revenues & Income) The University of South Carolina, Clemson University, the Medical
27   University of S. C. (including the Medical University Hospital), The Citadel, Winthrop University, S. C. State University, Francis
28   Marion University, University of Charleston, Lander University, Coastal Carolina University, and the Wil Lou Gray Opportunity
29   School shall remit all revenues and income, collected at the respective institutions, to the State Treasurer according to the terms of
30   Section 72.1 of this act, but all such revenues or income so collected, except fees received as regular term tuition, matriculation,
31   and registration, shall be carried in a special continuing account by the State Treasurer, to the credit of the respective institutions,
32   and may be requisitioned by said institutions, in the manner prescribed in Section 11-3-185 of the 1976 Code, and expended to
33   fulfill the purpose for which such fees or income were levied, but no part of such income shall be used for permanent
34   improvements without the express written approval of the State Budget and Control Board and the Joint Legislative Capital Bond
35   Review Committee; and it is further required that no such fee or income shall be charged in excess of the amount that is necessary
36   to supply the service, or fulfill the purpose for which such fee or income was charged. Notwithstanding other provisions of this
                                                                                                                                PAGE 514

 1   act, funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of
 2   student organizations, and from the operations of canteens and bookstores, and from approved Private Practice plans at institutions
 3   and affiliated agencies may be retained at the institution and expended by the respective institutions only in accord with policies
 4   established by the institution’s Board of Trustees. Such funds shall be audited annually by the State but the provisions of this act
 5   concerning unclassified personnel compensation, travel, equipment purchases and other purchasing regulations shall not apply to
 6   the use of these funds.
 7      72.10. (GP: Transfers of Appropriations) Agencies and institutions shall be authorized to transfer appropriations within
 8   programs and within the agency with notification to the Division of Budget and Analyses and Comptroller General. No such
 9   transfer may exceed twenty percent of the program budget. Upon request, details of such transfers may be provided to members of
10   the General Assembly on an agency by agency basis. Transfers of appropriations from personal service accounts to other operating
11   accounts or from other operating accounts to personal service accounts may be restricted to any established standard level set by
12   the Budget and Control Board upon formal approval by a majority of the members of the Budget and Control Board.
13      72.11. (GP: Federal Funds - DHEC, DSS, DHHS - Disallowances) Amounts appropriated to the Department of Health and
14   Environmental Control, Department of Social Services and Department of Health and Human Services may be expended to cover
15   program operations of prior fiscal years where adjustment of such prior years are necessary under federal regulations or audit
16   exceptions. All disallowances or notices of disallowances by any federal agency of any costs claimed by these agencies shall be
17   submitted to the State Auditor, the Senate Finance Committee and the House Ways and Means Committee, within five days of
18   receipt of such actions.
19      72.12. (GP: Fixed Student Fees) During the current fiscal year, student fees at the state institutions of higher learning shall be
20   fixed by the respective Boards of Trustees as follows:
21        (1) Fees applicable to student housing, dining halls, student health service, parking facility, laundries and all other personal
22   subsistence expenses shall be sufficient to fully cover the total direct operating and capital expenses of providing such facilities and
23   services over their expected useful life except those operating or capital expenses related to the removal of asbestos.
24        (2) Student activity fees may be fixed at such rates as the respective Boards shall deem reasonable and necessary.
25      72.13. (GP: Tech Educ. Colleges Student Activity Fees) Notwithstanding any other provisions of this act, funds at technical
26   education colleges derived wholly from the activities of student organizations and from the operations of canteens and bookstores
27   may be retained by the college and expended only in accord with policies established by the respective college’s area commission
28   and approved by the State Board for Technical and Comprehensive Education.
29      72.14. (GP: SC Health & Human Services Data Warehouse) The General Assembly finds that the operation of health and
30   human services may be enhanced by coordination and integration of client information by establishing There is hereby established
31   within the Office of Research and Statistics, South Carolina Budget and Control Board, the South Carolina Health and Human
32   Services Data Warehouse, formerly the Client Masterfile System. The purpose of the Warehouse is to ensure that the operation of
33   health and human services agencies may be enhanced by coordination and integration of client information. To integrate client
34   information, data across client data from health and human services state agencies will be linked to improve client outcome
35   measures, enabling state agencies to analyze coordination and continuity of care issues. The addition of these data will enhance
36   existing agency’s systems by providing client data from other state agency programs to assist in the provision of client services. In
                                                                                                                               PAGE 515

 1   order to assist in the development and maintenance of this System certain Certain client information shall be delivered to the
 2   Budget and Control Board, Office of Research and Statistics by the following agencies: Department of Alcohol and Other Drug
 3   Abuse Services, Commission for the Blind, Division for the Review of Foster Care of Children, Department of Education,
 4   Department of Health and Environmental Control, Department of Health and Human Services, Department of Juvenile Justice,
 5   Department of Mental Health, Department of Disabilities and Special Needs, School for the Deaf and the Blind, Department of
 6   Social Services, Department of Vocational Rehabilitation, Division of Continuum of Care, Department of Corrections, and
 7   Probation, Parole and Pardon Services in order to assist in the development and maintenance of this Warehouse. The following
 8   agencies shall report client information:
 9     • Departments of
10           1. Health and Human Services;
11           2. Health and Environmental Control;
12           3. Mental Health;
13           4. Alcohol and Other Drug Abuse Services;
14           5. Disabilities and Special Needs;
15           6. Social Services;
16           7. Vocational Rehabilitation;
17           8. Education;
18           9. Juvenile Justice;
19           10. Corrections;
20           11. Probation, Parole, and Pardon Services;
21     • Office of the Governor
22           1. Children’s Foster Care Review Board;
23           2. Continuum of Care;
24     • Office of the Lieutenant Governor, Division on Aging;
25     • South Carolina School for the Deaf and the Blind;
26     • Commission for the Blind, and
27     • Other entities as deemed necessary by the Office of Research and Statistics.
28     These agencies and departments shall collect and provide client data in formats and schedules to be specified by the Office of
29   Research and Statistics (Office) of the Budget and Control Board. The Budget and Control Board Office shall establish a
30   Memorandum of Agreement with each agency, department or division. These Memorandums of Agreement shall specify, but are
31   not limited to, the confidentiality of client information, the conditions for the release of data that may identify agencies,
32   departments, divisions, programs and services, or clients, any restrictions on the release of data so as to be compliant with state and
33   federal statutes and regulations on confidentiality of data, conditions under which the data may be used for research purposes, and
34   any security measures to be taken to insure the confidentiality of client information.
                                                                                                                                 PAGE 516

 1      To ensure accountability and the coordinated, efficient delivery of health and human services, the Office shall implement, in
 2   consultation with state health and human services agencies and other entities as deemed necessary by the Office, an Electronic
 3   Client Management System that includes integrated client data from all participating agencies.
 4      In order to provide for inclusion of other entities into the South Carolina Health and Human Services Data Warehouse, the
 5   Electronic Client Management System and other analytic projects that will assist the state in the efficient and effective provision of
 6   services, the Office shall have the authority to enter into agreements or transactions with any federal, state or municipal agency or
 7   other public institution or with any private individual, partnership, firm, corporation, association or other entity to provide
 8   statistical, research and information dissemination services including, but not limited to, program and outcomes evaluation,
 9   program monitoring/surveillance, projects to determine the feasibility of data collection and/or analyses, information
10   dissemination and research. The confidentiality of data collected under these initiatives shall comply with applicable state and
11   federal laws governing the privacy of data.
12      The Office shall have the power to promulgate regulations, policies and procedures, in consultation with the participating
13   agencies, for the development, protection and operation of the Data Warehouse, the Electronic Client Management System and
14   their underlying processes.
15      The Office shall develop internet-accessible secure analytic query tools (such as analytic cubes) using integrated client data
16   from the Warehouse. All agencies shall cooperate with the Office in the development of these analytic tools. It is the intent of this
17   provision that the analytic tools developed under this provision shall be made available to members of the S.C. General Assembly
18   and their research staff members, state agencies, and researchers. To that end, the Office shall, in consultation with the
19   participating agencies, promulgate regulations addressing access to and use and release of information generated through use of
20   the query tools.
21      All state agencies participating in the Warehouse shall utilize it, including the integrated client management system and the
22   analytic query tools, in the day-to-day operation of their programs and for coordination, collaboration, program evaluation and
23   outcomes analysis.
24      No state agency shall duplicate any of the responsibilities of this provision.
25      For purposes of this subsection , all state laws, regulations, or any rule of any state agency, department, board, or commission
26   having the effect or force of law that prohibits or is inconsistent with any provision of this subsection is hereby declared
27   inapplicable to this subsection.
28      72.15. (GP: Discrimination Policy) It is the policy of the State of South Carolina to recruit, hire, train, and promote employees
29   without discrimination because of race, color, sex, national origin, age, religion or physical disability. This policy is to apply to all
30   levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits,
31   promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to
32   take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin,
33   age, religion or physical disability.
34      Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by
35   October 31, of each year.
                                                                                                                              PAGE 517

 1      In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission
 2   shall submit a report on the status of state agencies’ Affirmative Action Plans and Programs to the General Assembly by February
 3   1 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the
 4   preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting
 5   period, and an indication of whether affirmative action goals were achieved. For each job group referenced in the Human Affairs
 6   report, where the hiring of personnel does not reflect the percentage goals established in the agency’s affirmative action plan for
 7   the year in question, the state agency shall submit a detailed explanation to the Human Affairs Commission by February 15,
 8   explaining why goals were not achieved.
 9      The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in
10   satisfactory compliance with meeting its stated goals.
11      The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the
12   current appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the
13   Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan,
14   and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and
15   circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance payments or
16   aid to entities. This section does not apply to those agencies that have been exempted from the reporting requirements of the
17   Human Affairs Commission.
18      72.16. (GP: Residency Preference) Notwithstanding any other provision of law, when a vacancy occurs in a state agency, other
19   than institutions of higher education, or when an agency acts to fill a new position, the agency shall give preference to residents of
20   this State, if the two are equally qualified for the vacancy or new position.
21      72.17. (GP: Personal Service Reconciliation, FTEs) In order to provide the necessary control over the number of employees, the
22   Budget and Control Board is hereby directed to maintain close supervision over the number of state employees, and to require
23   specifically the following:
24         1. That no state agency exceed the total authorized number of full-time equivalent positions and those funded from state
25   sources as provided in each section of this act except by majority vote of the Budget and Control Board.
26         2. That the Budget and Control Board shall maintain and make, as necessary, periodic adjustments thereto, an official record
27   of the total number of authorized full-time equivalent positions by agency for state and total funding sources.
28            (a) That within thirty (30) days of the passage of the Appropriation Act or by August 1, whichever comes later, each
29   agency of the State must have established on the Budget and Control Board records all positions authorized in the Act. After that
30   date, the Board shall delete any nonestablished positions immediately from the official record of authorized full-time equivalent
31   positions. No positions shall be established by the board in excess of the total number of authorized full-time equivalent positions.
32   Each agency may, upon notification to the Budget and Control Board, change the funding source of state FTE positions established
33   on the Budget and Control Board records as necessary to expend federal and other sources of personal service funds to conserve or
34   stay within the state appropriated personal service funds. No agency shall change funding sources that will cause the agency to
35   exceed the authorized number of state or total full-time equivalent positions. Each agency may transfer FTEs between programs as
36   needed to accomplish the agency mission.
                                                                                                                               PAGE 518

 1            (b) That by September 30, the board shall prepare a personal service analysis, by agency, which shows the number of
 2   established positions for the fiscal year and the amount of funds required, by source of funds, to support the FTE’s for the fiscal
 3   year at a funding level of 100%. The board shall then reconcile each agency’s personal service detail with the agency’s personal
 4   service appropriation as contained in the Act adjusted for any pay increases and any other factors necessary to reflect the agency’s
 5   personal service funding level. The board shall provide a copy of each agency’s personal service reconciliation to the Senate
 6   Finance and House Ways and Means Committees.
 7            (c) That any position which is shown by the reconciliation to be unfunded or significantly underfunded may be deleted at
 8   the direction of the Budget and Control Board.
 9         3. That full-time equivalent (FTE) positions shall be determined under the following guidelines:
10            (a) The annual work hours for each FTE shall be the agency’s full-time standard annual work hours.
11            (b) The state FTE shall be derived by multiplying the state percentage of budgeted funds for each position by the FTE for
12   that position.
13            (c) All institutions of higher education shall use a value of 0.75 FTE for each position determined to be full-time faculty
14   with a duration of nine (9) months.
15      The FTE method of accounting shall be utilized for all authorized positions.
16         4. That the number of positions authorized in this act shall be reduced in the following circumstances:
17            (a) Upon request by an agency.
18            (b) When anticipated federal funds are not made available.
19            (c) When the Budget and Control Board, through study or analysis, becomes aware of any unjustifiable excess of positions
20   in any state agency.
21         5. That the Budget and Control Board shall annually reconcile personal service funds with full-time employee count.
22   Unfunded positions will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in
23   this act or by the State Budget and Control Board. The State Budget and Control Board must report the full-time employee count
24   and unfunded position status to the Senate Finance Committee and the Ways and Means Committee by February 1 of the current
25   fiscal year.
26         6. That no new permanent positions in state government shall be funded by appropriations in acts supplemental to this act but
27   temporary positions may be so funded.
28         7. That the provisions of this section shall not apply to personnel exempt from the State Classification and Compensation Plan
29   under item I of Section 8-11-260 of the 1976 Code.
30      The Governor, in making his appropriation recommendations to the Ways and Means Committee, must provide that the level of
31   personal service appropriation recommended for each agency is at least 97% of the funds required to meet 100% of the funds
32   needed for the full-time equivalents positions recommended by the Governor (exclusive of new positions).
33      72.18. (GP: Allowance for Residences & Compensation Restrictions) That salaries paid to officers and employees of the State,
34   including its several boards, commissions, and institutions shall be in full for all services rendered, and no perquisites of office or
35   of employment shall be allowed in addition thereto, but such perquisites, commodities, services or other benefits shall be charged
36   for at the prevailing local value and without the purpose or effect of increasing the compensation of said officer or employee. The
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 1   charge for these items may be payroll deducted at the discretion of the Comptroller General or the chief financial officer at each
 2   agency maintaining its own payroll system. This shall not apply to the Governor’s Mansion, nor for department-owned housing
 3   used for recruitment and training of Mental Health Professionals, nor to guards at any of the state’s penal institutions and nurses
 4   and attendants at the Department of Mental Health, and the Department of Disabilities & Special Needs, and registered nurses
 5   providing clinical care at the MUSC Medical Center, nor to the Superintendent and staff of John de la Howe School, nor to the
 6   cottage parents and staff of Wil Lou Gray Opportunity School, nor to full-time or part-time staff who work after regular working
 7   hours in the SLED Communications Center or Maintenance Area, nor to adult staff at the Governor’s School for Science and
 8   Mathematics who are required to stay on campus by the institution because of job requirements or program participation. The
 9   presidents of those state institutions of higher learning authorized to provide on-campus residential facilities for students may be
10   permitted to occupy residences on the grounds of such institutions without charge.
11      Any state institution of higher learning may provide a housing allowance to the president in lieu of a residential facility, the
12   amount to be approved by the Budget and Control Board.
13      That the following may be permitted to occupy residences owned by the respective departments without charge: the
14   Commissioner of the Department of Corrections, the Director of the Department of Mental Health, the Farm Director, Farm
15   Managers, and Specialists employed at the Wateree River Correctional Institution, Walden Correctional Institution, MacDougall
16   Youth Correctional Center, and Givens Youth Correctional Center; the S. C. State Commission of Forestry fire tower operators,
17   forestry aides, and caretaker at central headquarters; the Department of Natural Resources’ Game Management Personnel, Fish
18   Hatchery Superintendents, Lake Superintendent, and Fort Johnson Superintendent; the Department of Parks, Recreation and
19   Tourism field personnel in the State Parks Division; Director of Wil Lou Gray Opportunity School; President of the School for the
20   Deaf and the Blind; houseparents for the Commission for the Blind; S.C. Department of Health and Environmental Control
21   personnel at the State Park Health Facility and Camp Burnt Gin; Residence Life Coordinators at Lander University; Residence Life
22   Directors, temporary and transition employees, student interns, and emergency personnel at Winthrop University; Farm
23   Superintendent at Winthrop University; Residence Hall Directors at the College of Charleston; Clemson University’s Head
24   Football Coach; the Department of Disabilities & Special Needs’ physicians and other professionals at Whitten Center, Clemson
25   University Off-Campus Agricultural Staff and Housing Area Coordinators; and University of South Carolina’s Manager of Bell
26   Camp Facility, Housing Maintenance Night Supervisors, Residence Life Directors, temporary and transition employees, and
27   emergency medical personnel. Except in the case of elected officials, the fair market rental value of any residence furnished to a
28   state employee shall be reported by the state agency furnishing the residence to the Agency Head Salary Commission, and the
29   Division of Budget and Analyses by October 1, of each fiscal year.
30      All salaries paid by departments and institutions shall be in accord with a uniform classification and compensation plan,
31   approved by the Budget and Control Board, applicable to all personnel of the State Government whose compensation is not
32   specifically fixed in this act. Such plan shall include all employees regardless of the source of funds from which payment for
33   personal service is drawn. The Division of Budget and Analyses of the Budget and Control Board is authorized to approve
34   temporary salary adjustments for classified and unclassified employees who perform temporary duties which are limited by time
35   and/or funds. When approved, a temporary salary adjustment shall not be added to an employee’s base salary and shall end when
36   the duties are completed and/or the funds expire. Academic personnel of the institutions of higher learning and other individual or
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 1   group of positions that cannot practically be covered by the plan may be excluded therefrom but their compensations as approved
 2   by the Division of Budget and Analyses shall, nevertheless, be subject to review by the Budget and Control Board. Salary
 3   appropriations for employees fixed in this act shall be in full for all services rendered, and no supplements from other sources shall
 4   be permitted or approved by the State Budget and Control Board. With the exception of travel and subsistence, legislative study
 5   committees shall not compensate any person who is otherwise employed as a full-time state employee. Salaries of the heads of all
 6   agencies of the State Government shall be specifically fixed in this act and no salary shall be paid any agency head whose salary is
 7   not so fixed. Commuter mileage on non-exempt state vehicles shall be considered as income and reported by the Comptroller
 8   General in accordance with IRS regulations. As long as there is no impact on appropriated funds, state agencies and institutions
 9   shall be allowed to spend public funds and/or other funds for designated employee award programs which shall have written
10   criteria approved by the agency governing board or commission. For purposes of this section, monetary awards, if any, shall not be
11   considered a part of an employee’s base salary, a salary supplement, or a perquisite of employment. The names of all employees
12   receiving monetary awards and the amounts received shall be reported annually to the South Carolina Division of Budget and
13   Analyses.
14      In the case of lodging furnished by certain higher education institutions to employees, the prevailing local rate does not apply if
15   the institution meets the exceptions for inadequate rent described in the current Internal Revenue Code Section 119(d)(2). To meet
16   the exception, rental rates must equal the lesser of five percent of the appraised value of the qualified campus lodging, or the
17   average of the rentals paid by individuals (other than employees or students of the educational institution) during the calendar year
18   for lodging provided by the educational institution which is comparable to the qualified campus lodging provided to the employee,
19   over the rent paid by the employee for the qualified campus lodging during the calendar year. The appraised value shall be
20   determined as of the close of the calendar year in which the taxable year begins, or, in the case of a rental period not greater than
21   one year, at any time during the calendar year in which the period begins.
22      72.19. (GP: MUSC Hospital Services Rates) The Board of the Medical University Hospital Authority shall provide hospital
23   services, including psychiatric hospital services, to state employees and officials of state government at a rate not to exceed the
24   payment rates to hospitals provided by the employee’s insurance program(s). Physician fees, psychiatric professional provider
25   fees, and all dental are not included.
26      72.20. (GP: Universities & Colleges - Allowance for Presidents) Presidents of the University of South Carolina, Clemson
27   University, the Medical University of South Carolina, The Citadel, Winthrop University, South Carolina State University, Francis
28   Marion University, University of Charleston, Coastal Carolina University and Lander University must not be paid a fixed
29   allowance for personal expenses incurred in connection with the performance of their official duties. Reimbursements may be
30   made to the presidents from funds available to their respective institutions for any personal expenses incurred provided that all
31   requests for reimbursement are supported by properly documented vouchers processed through the normal accounting procedures
32   of the institutions.
33      72.21. (GP: Replacement of Personal Property) The Department of Juvenile Justice, Department of Corrections, Probation,
34   Parole and Pardon Services, Department of Mental Health, Department of Disabilities & Special Needs, Continuum of Care,
35   Department of Social Services and School for the Deaf and the Blind may replace the personal property of an employee which has
36   been damaged or destroyed by a client while in custody of the agency. The replacement of personal property may be made only if
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 1   the loss has resulted from actions by the employee deemed to be appropriate and in the line of duty by the agency head and if the
 2   damaged or destroyed item is found by the agency head to be reasonable in value, and necessary for the employee to carry out the
 3   functions and duties of his employment. Replacement of damaged or destroyed items shall not exceed $250 per item, per incident.
 4   Each agency must have guidelines to insure the reasonableness of the replacement payments.
 5      72.22. (GP: Business Expense Reimbursement) Agency heads and deputy commissioners or deputy directors designated by
 6   agency heads may receive reimbursements for business expenses incurred while performing their official duties, provided that
 7   receipts are presented when seeking reimbursement and justification is submitted to document the time, place, and purpose of the
 8   expense as well as the names of the individuals involved. The Budget and Control Board shall promulgate regulations governing
 9   these expenses.
10      72.23. (GP: Per Diem) The per diem allowance of all boards, commissions and committees shall be at the rate of thirty-five
11   ($35) dollars per day. No full-time officer or employee of the State shall draw any per diem allowance for service on such boards,
12   commissions or committees.
13      72.24. (GP: Travel Spouse of Governor & Lt. Governor) Notwithstanding any other provision of law, the spouses of the
14   Governor and the Lieutenant Governor of the State are authorized to receive reimbursement of actual expenses when
15   accompanying the Governor or the Lieutenant Governor on official state business.
16      72.25. (GP: Travel - Subsistence Expenses & Mileage) Travel and subsistence expenses, whether paid from state appropriated,
17   federal, local or other funds, shall be allowed in accordance with the following provisions:
18      A.Unless otherwise provided in paragraphs B through H of this section, all employees of the State of South Carolina or any
19   agency thereof including employees and members of the governing bodies of each technical college while traveling on the business
20   of the State shall, upon presentation of a paid receipt, be allowed reimbursement for actual expenses incurred for lodging, not to
21   exceed the current maximum lodging rates, excluding taxes, established by the U.S. General Services Administration. The lodging
22   reimbursement for employees of a school district must also conform to these rates when that employee's travel reimbursement is
23   paid by state funds that are transferred to the school district. Agencies may contract with lodging facilities to pay on behalf of an
24   employee. Failure to maintain proper control of direct payments for lodging may result in the revocation of the agency’s authority
25   by the Comptroller General or the State Auditor. The employee shall also be reimbursed for the actual expenses incurred in the
26   obtaining of meals except that such costs shall not exceed $25 per day within the State of South Carolina. For travel outside of
27   South Carolina the maximum daily reimbursement for meals shall not exceed $32. Agencies may contract with food or dining
28   facilities to pay for meals on behalf of employees in accordance with rules and regulations established by the Budget and Control
29   Board. It shall be the responsibility of the agency head to monitor the charges for lodging which might be claimed by his
30   employees in order to determine that such charges are following maximum lodging rates as established by the U.S. General
31   Services Administration. Any exceptions must have the written approval of the agency head, taking into consideration location,
32   purpose of travel or other extenuating circumstances. The provisions of this item shall not apply to Section 42-3-40 of the 1976
33   Code, and when pertaining to institutions of higher learning, for travel paid with funds other than General Funds.
34      B. That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business
35   for the State of South Carolina shall be entitled to actual expenses for both food and lodging.
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 1      C. The Governor, Lieutenant Governor, Secretary of State, Comptroller General, Attorney General, State Treasurer, Adjutant
 2   General, Superintendent of Education and the Commissioner of Agriculture shall be reimbursed actual expenses for subsistence.
 3      D. Nonlegislative members of committees appointed pursuant to Acts and Resolutions of the General Assembly whose
 4   membership consists solely of members of the General Assembly or members of the General Assembly and other personnel who
 5   are not employees of the State of South Carolina shall be allowed subsistence expenses of $35 per day while traveling on official
 6   business, unless otherwise designated by law. Members of such committees may opt to receive actual expenses incurred for
 7   lodging and actual expenses incurred in the obtaining of meals in lieu of the allowable subsistence expense.
 8      E. Members of the state boards, commissions, or committees whose duties are not full-time and who are paid on a per diem
 9   basis, shall be allowed reimbursement for actual expenses incurred at the rates provided in paragraph A and I of this section while
10   away from their places of residence on official business of the State. One person accompanying a handicapped member of a state
11   board, commission, or committee on official business of the State shall be allowed the same reimbursement for actual expenses
12   incurred at the rates provided in paragraph A through I of this section.
13      F. No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while
14   traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the
15   county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence
16   expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.
17   When traveling on official business of said court 50 or more miles outside the county of his official residence, each Justice and
18   Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this act for members of the
19   General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or
20   such other person as the Chief Justice designates, while attending the Conference of Chief Justices and one member of the Supreme
21   Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National
22   Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
23      Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court
24   Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate
25   provided in paragraph A of this section.
26      G. No subsistence reimbursements are allowed to a Circuit Judge, a Family Court Judge, or an Administrative Law Judge while
27   holding court within the county in which he resides. While holding court or on other official business outside the county, within
28   fifty miles of his residence, a Circuit Court Judge, Family Court Judge, or an Administrative Law Judge is entitled to a subsistence
29   allowance in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State.
30   While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court, Family Court
31   or Administrative Law Judge is entitled to a subsistence allowance in the amount as provided in this act for members of the
32   General Assembly plus such mileage allowance for travel as is provided for other employees of the State.
33      H. Any retired Justice, Circuit Court Judge or Family Court Judge or Master-in-Equity appointed by the Supreme Court to serve
34   as a Special Circuit Judge, Family Court Judge, Appeals Court Judge, or Acting Associate Justice shall serve without pay but shall
35   receive the same allowance for subsistence, expenses, and mileage as provided in Part I for Circuit Court Judges.
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 1      I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by
 2   which he is employed except as provided in paragraph E, of this section. When an employee is assigned to work a particular
 3   territory or district, and such territory or district and his official headquarters are in different localities or sections of the State,
 4   expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers’ Compensation
 5   Commission and the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week
 6   from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers’
 7   Compensation Commission or the Employment Security Commission while traveling in the county of his official residence. When
 8   traveling on official business of the commission outside the county of his official residence, a member of the Workers’
 9   Compensation Commission or the Employment Security Commission shall be allowed subsistence expenses in the amount of $35
10   per day. When traveling on official business of the commission 50 or more miles outside the county of his official residence, each
11   member shall be allowed a subsistence allowance in the amount as provided in this act for members of the General Assembly.
12   When out-of-state, members of the Workers’ Compensation Commission and the Employment Security Commission may claim
13   the established amount of per diem, as stated in the General Appropriation Act, or actual expenses as deemed reasonable by the
14   Comptroller General.
15      J. When an employee of the State shall use his or her personal automobile in traveling on necessary official business, a charge to
16   equal the standard business mileage rate as established by the Internal Revenue Service will be allowed for the use of such
17   automobile and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate
18   used in this calculation shall be the lesser of 44.5 cents per mile or the current rate established by the Internal Revenue Service.
19   Whenever state provided motor pool vehicles are reasonably available and their use is practical and an employee of the State shall
20   request for his own benefit to use his or her personal vehicle in traveling on necessary official business, a charge of 4 cents per mile
21   less than the standard business mileage rate as established by the Internal Revenue Service will be allocated for the use of such
22   vehicle and the employee shall bear the expense of supplies and upkeep thereof. However, the standard business mileage rate used
23   in this calculation shall be the lesser of 44.5 cents per mile or the current rate established by the Internal Revenue Service. When
24   such travel is by a state-owned automobile, the State shall bear the expense of supplies and upkeep thereof but no mileage will be
25   allowed. Agencies and employees are directed to use state fueling facilities to the maximum extent possible, when such use is cost
26   beneficial to the State. When using commercial fueling facilities, operators of State-owned vehicles are directed to use self-service
27   pumps. In traveling on the business of the State, employees are required to use the most economical mode of transportation, due
28   consideration being given to urgency, schedules and like factors.
29      Mileage between an employee’s home and his/her place of employment is not subject to reimbursement. However, when an
30   employee leaves on a business trip directly from his/her home, and does not go by the employee’s headquarters, the employee shall
31   be eligible for reimbursement for actual mileage beginning at his/her residence.
32      K. That a state agency may advance travel and subsistence expense monies to employees of that agency for the financing of
33   ordinary and necessary travel required in the conducting of the business of the agency. The Budget and Control Board is directed
34   to develop and publish rules and regulations pertaining to the advancing of travel expenses and no state agency shall make such
35   advances except under the rules and regulations as published. All advances for travel and subsistence monies shall be repaid to the
36   agency within thirty (30) days after the end of the trip or by July 15, whichever comes first.
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 1      L. That the state institutions of higher learning are authorized to reimburse reasonable relocation expenses for new employees
 2   when such reimbursements are considered by the agency head to be essential to successful recruitment of professionally competent
 3   staff members.
 4      M. The State Budget and Control Board is authorized to promulgate and publish rules and regulations governing travel and
 5   subsistence payments.
 6      N. No state funds may be used to purchase first class airline tickets.
 7      72.26. (GP: Organizations Receiving State Appropriations Report) Each organization receiving a contribution in this act shall
 8   render to the state agency making the contribution by November 1 of the fiscal year in which funds are received, an accounting of
 9   how the state funds will be spent, a copy of the adopted budget for the current year, and also a copy of the organization’s most
10   recent operating financial statement. The funds appropriated in this act for contributions shall not be expended until the required
11   financial statements are filed with the appropriate state agency. No funds in this act shall be disbursed to organizations or purposes
12   which practice discrimination against persons by virtue of race, creed, color or national origin. The State Auditor shall review and
13   audit, if necessary, the financial structure and activities of each organization receiving contributions in this act and make a report to
14   the General Assembly of such review and/or audit, when requested to do so by the Budget and Control Board.
15      72.27. (GP: Information Technology - Report of Requested Increases) The Budget and Control Board is authorized and directed
16   to identify all requested increases for information technology for agencies, Institutions or departments, with the exception of
17   colleges, universities and technical institutions, compile the requests into one report, evaluate the requests and forward the
18   evaluation to the Governor, the Chairman of Senate Finance Committee, and the Chairman of the House Ways & Means
19   Committee.
20      72.28. (GP: State Owned Aircraft - Maintenance Logs) Each agency having in its custody one or more aircraft shall maintain a
21   continuing log on all flights, which shall be open for public inspection. Any and all aircraft owned or operated by agencies of the
22   State Government shall be used only for official business. The Division of Aeronautics and other agencies owning and operating
23   aircraft may furnish transportation to the Governor, Constitutional Officers, members of the General Assembly, members of state
24   boards, commissions, and agencies and their invitees for official business only; no member of the General Assembly, no member
25   of a state board, commission, or committee, and no state official shall use any aircraft of the Division of Aeronautics unless the
26   member or official files within forty-eight hours after the time of departure of the flight with the Division of Aeronautics a sworn
27   statement certifying and describing the official nature of his trip; and no member of the General Assembly, no member of a state
28   board, commission or committee, and no state official shall be furnished air transportation by a state agency other than the Division
29   of Aeronautics unless such agency prepares and maintains in its files a sworn statement from the highest ranking official of the
30   agency certifying that the member’s or state official’s trip was in conjunction with the official business of the agency. Official
31   business shall not include routine transportation to and from meetings of the General Assembly or committee meetings for which
32   mileage is authorized.
33      All logs shall be signed by the parties using the flight and the signatures shall be maintained as part of the permanent record of
34   any agency. All passengers shall be listed on the flight log by their legal name; passengers flying with an appropriate official of
35   SLED or the Division of State Development whose confidentiality must, in the opinion of SLED or the division, be protected shall
                                                                                                                               PAGE 525

 1   be listed in writing on the flight log as “Confidential Passenger SLED or the Division of State Development (strike one)” and the
 2   appropriate official of SLED or the division shall certify to the agency operating the aircraft the necessity for such confidentiality.
 3      Violation of the above provisions of this section is prima facie evidence of a violation of Section 8-13-410(1) of the 1976 Code
 4   and shall subject a violating member of the General Assembly to the ethics procedure of his appropriate house and shall subject a
 5   violating member of a state board, commission or committee, or a state official to the applicable ethics procedure relating to them
 6   as provided by law. The above provisions do not apply to aircraft of the Division of Aeronautics when used by the Medical
 7   University of South Carolina, nor to aircraft of the athletic department or the educational foundations of any state-supported
 8   institution of higher education.
 9      Aircraft owned by agencies of state government shall not be leased to individuals for their personal use.
10      72.29. (GP: Carry Forward) Each agency is authorized to carry forward unspent general fund appropriations from the prior
11   fiscal year into the current fiscal year, up to a maximum of ten percent of its original general fund appropriations less any
12   appropriation reductions for the current fiscal year. Agencies shall not withhold services in order to carry forward general funds.
13      This provision shall be suspended if necessary to avoid a fiscal year-end general fund deficit. For purposes of this proviso, the
14   amount of the general fund surplus/deficit must be considered after all appropriations from the Capital Reserve Fund have been
15   allowed and before any transfers from the General Reserve. The amount of general funds needed to avoid a year-end deficit shall
16   be reduced proportionately from each agency’s carry forward amount.
17      Agencies which have separate general fund carry forward authority must exclude the amount carried forward by such separate
18   authority from their base for purposes of calculating the ten percent carry forward authorized herein. Any funds that are carried
19   forward as a result of this provision are not considered part of the base of appropriations for any succeeding years.
20      72.30. (GP: Regulatory Audit) Each agency shall conduct a jurisdictional audit for the purpose of identifying laws, regulations
21   and provisos which are not being used or no longer need to be regulated. After identifying these laws, repeals are to be drafted for
22   submission to the appropriate standing committee of the General Assembly by January 31.
23      72.31. (GP: TEFRA-Tax Equity and Fiscal Responsibility Act) It is the intent of the General Assembly that the State Medicaid
24   Plan be amended to provide benefits for disabled children as allowed by the Tax Equity and Fiscal Responsibility Act (TEFRA)
25   option. State agencies, including but not limited to, the Department of Social Services - the Continuum of Care, the Department of
26   Health and Environmental Control, the Department of Mental Health, the Department of Disabilities and Special Needs, and the
27   Department of Health and Human Services shall collectively review and identify existing state appropriations within their
28   respective budgets that can be used as state match to serve these children. Such funds shall be used effective January 1, 1995 to
29   implement TEFRA option benefits. Agencies providing services under the provisions of this paragraph must not spend less in the
30   current fiscal year than expended in the previous fiscal year.
31      72.32. (GP: Frequent Flyer Premiums) State agencies and employees shall select air carriers based on cost and time criteria, not
32   on whether frequent flyer premiums are given. State agencies should ensure that employees earning frequent flyer premiums while
33   traveling on state business use them to reduce the cost of subsequent business travel whenever possible.
34      72.33. (GP: Prison Industries) All agencies funded in this act, when procuring goods and services, shall first consider
35   contracting for services or purchasing goods and services through the Department of Corrections’ Prison Industries Program. The
36   Department of Corrections shall furnish, upon request, to all agencies a catalogue of goods and services provided by Prison
                                                                                                                               PAGE 526

 1   Industries. The department is hereby directed to develop and market a catalogue of Prison Industries products for nationwide
 2   circulation.
 3      72.34. (GP: Travel Report) Annually on November 1, the Comptroller General shall issue a report on travel expenditures for the
 4   prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee, and the
 5   Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing
 6   copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the
 7   annual General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom travel
 8   expenses and registration fees were paid within each agency, not to exceed twenty-five employees per agency. Agencies should
 9   include position titles for each of the top twenty-five travelers for each agency. Expenditures must include state, federal and other
10   sources of funds. The list for each agency must be in rank order with the largest expenditure first and the name of the employee
11   must be shown with each amount. Agencies should include a brief summary of the type of travel the agency incurs. The
12   Comptroller General may provide additional information as deemed appropriate. The Comptroller General shall provide no
13   exceptions to this report in that the information contained is not considered confidential or restricted for economic development
14   purposes. However, further disclosure of detailed information shall be restricted as provided for by law.
15      72.35. (GP: School Technology Initiative) From the funds appropriated/authorized for the K-12 technology initiative, the
16   Department of Education, in consultation with the Budget and Control Board’s Office of Information Resources Chief Information
17   Office, the State Library and Educational Television Commission shall administer the K-12 technology initiative funds. These
18   funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state,
19   conduct cost/benefit analyses of the various technologies and should, to the maximum extent possible, involve public-private sector
20   collaborative efforts. Funds may also be used to establish pilot projects for new technologies with selected school districts as part
21   of the evaluation process. K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose.
22      72.36. (GP: State Operated Day Care Facilities Fees) Any state agency receiving funding in this act and any higher education
23   institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development
24   center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the
25   local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and
26   students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency.
27      72.37. (GP: Base Budget Analysis) Agencies’ annual accountability reports for the prior fiscal year, as required in Section
28   1-1-810, must be accessible to the Governor, Senate Finance Committee, House Ways & Means Committee, and to the public on
29   or before September 15, for the purpose of a zero-base budget analysis and in order to ensure that the Agency Head Salary
30   Commission has the accountability reports for use in a timely manner. Accountability Report guidelines shall require agencies to
31   identify key program area descriptions and expenditures and link these to key financial and performance results measures. The
32   Budget & Control Board is directed to develop a process for training agency leaders on the annual agency accountability report and
33   its use in financial, organizational, and accountability improvement. Until performance-based funding is fully implemented and
34   reported annually, the state supported colleges, universities and technical schools shall report in accordance with Section
35   59-101-350.
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 1      72.38. (GP: Collection on Dishonored Payments) In lieu of any other provision of law, any state agency may collect a service
 2   charge as provided in Section 34-11-70 to cover the costs associated with the processing and collection of dishonored instruments
 3   or electronic payments where any amount is not paid by the drawee due to insufficient funds on deposit with the bank or the person
 4   upon which it was drawn when presented, or the instrument has an incorrect or insufficient signature on it. Such funds shall be
 5   retained and expended by the agency in accordance with this purpose and any unused amount shall carry forward to the following
 6   fiscal year.
 7      72.39. (GP: State DNA Database) Funds collected by the S.C. Department of Corrections, the Department of Probation, Parole
 8   and Pardon, and Department of Juvenile Justice to process DNA samples must be remitted to the State Law Enforcement Division
 9   to offset the expenses incurred to operate the State DNA Database program. SLED may retain, expend, and carry forward these
10   funds. Any carry forward funds resulting from the DNA Database program must be used solely to operate the DNA Database
11   program.
12      72.40. (GP: Innovative Transportation) The Transportation Infrastructure Bank or the Railroad Commission may make grants
13   for developing innovative transportation technology, such as light rail, mono-rail, or mono-beam.
14      72.41. (GP: Pay Telephone Revenue) Notwithstanding any other provision of law, all state agencies, institutions, colleges and
15   universities must remit to the general fund all revenues received and all monies retained above the cost of allowing the placement
16   or location of pay telephones on public property. Each state agency, institution, college and university must annually report to the
17   Office of State Budget the revenue received for allowing the placement or location of pay telephones on public property. This
18   proviso includes any commission(s), state agencies, institutions, colleges and universities receive for allowing the placement or
19   location of pay telephones on public property. Public property means any and all property occupied or under the control of a state
20   agency, institution, college or university.
21      72.42. (GP: PSA Agriculture Teachers Summer Employment) In addition to funds previously established for Clemson
22   University PSA to fund summer employment of agriculture teachers, the Department of Education shall transfer funds appropriated
23   in Part IA, Section XI.F3 of this document, Other State Agencies and Entities, Teacher Pay - Other Agencies to Clemson
24   University PSA to cover state-mandated salary increases on that portion of the agriculture teachers’ salaries attributable to summer
25   employment.
26      72.43. (GP: Menu Option Telephone Answering Devices) From the funds appropriated to state agencies, state agencies and
27   their departments shall not expend funds for any type of menu option telephone answering device, unless the menu option system
28   provides the caller with access to a nonelectronic attendant or automatically transfers the caller to a nonelectronic attendant. This
29   requirement applies during the hours of 8:30 AM until 5:00 PM, Monday through Friday, excluding holidays. This requirement
30   does not apply to integrated voice response systems that are specifically designed to exclude human interaction. No additional
31   personnel may be hired to implement the requirements of this provision.
32      72.44. (GP: Voluntary Separation Incentive Program) State agencies may implement, in consultation with the Office of Human
33   Resources of the Budget and Control Board, a program to realign resources to include provisions for a separation incentive
34   payment for employees which may include the employer portion of health and dental benefits not to exceed one year. Employees
35   participating in such program shall not be eligible to participate in the Teacher and Employee Retention Incentive (TERI) program.
36   Employees participating in such program shall be considered to have voluntarily quit their employment without good cause and be
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 1   subject to the provisions of Section 41-35-120(1) of the S.C. Employment Security Law. Any program developed under this
 2   provision will involve voluntary participation from employees and will be funded within existing appropriations. The program
 3   must be approved by the agency head and the Director of the Division of Budget and Analyses based on ability to demonstrate
 4   recurring cost savings for realignment and/or permanent downsizing. State agencies shall report the prior year’s results to the
 5   Budget and Control Board by August 15, of the current fiscal year. The Budget and Control Board shall report to the Senate
 6   Finance Committee and the House Ways and Means Committee on these results.
 7      72.45. (GP: Alternative Commitment to Truancy) As part of its plan for an alternative school, a school district receiving funds
 8   from the Department of Education for an alternative school shall identify available alternatives to commitment for children whose
 9   truancy is approaching the level of being referred to family court. When proceeding under S.C. Code Section 59-65-50 to bring an
10   individual case before the family court, the school district must present this plan as well as the district’s efforts with respect to the
11   individual child to the court. Each school district’s plan under this proviso shall include possible assignment to alternative school
12   for a nonattending child before petitioning the court.
13      72.46. (GP: Voluntary Furlough) Notwithstanding Section 8-11-195 of the 1976 Code, or any other provision of law, in a fiscal
14   year in which the general funds appropriated for a state agency are less than the general funds appropriated for that agency in
15   Fiscal Year 2001-02, or whenever the General Assembly or the Budget and Control Board implements a midyear across-the-board
16   budget reduction, agency heads may institute a voluntary employee furlough program of not more than ninety days per fiscal year.
17   During this voluntary furlough, the state employees shall be entitled to participate in the same state benefits as otherwise available
18   to them except for receiving their salaries. As to those benefits which require employer and employee contributions, the state
19   agencies, institutions and departments will be responsible for making both employer and employee contributions if coverage would
20   otherwise be interrupted; and as to those benefits which require only employee contributions, the employee remains solely
21   responsible for making those contributions. In the event an agency’s reduction is due solely to the General Assembly transferring
22   or deleting a program, this provision does not apply.
23      72.47. (GP: Debt Collection Reports) Each state agency shall provide to the Chairmen of the Senate Finance and House of
24   Representatives Ways and Means Committees a report detailing the amount of its outstanding debt and all methods it has used to
25   collect that debt. This report is due by the last day of February for the previous calendar year.
26      72.48. (GP: State Funded Libraries - Web Filters) (A) A library receiving state funds, directly, indirectly, by grant, or
27   otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or
28   both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability
29   of the computer to access sites displaying pornographic pictures or text. However, up to ten percent, and at least one, of the
30   library’s computers must be unfiltered. Each library’s governing officials shall determine the physical location of any unfiltered
31   computer(s). The library also must have a written policy providing sanctions against a person who instructs or demonstrates to
32   another person how to bypass this web-filtering technology.
33      (B) State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent. Funds resulting
34   from this reduction must be distributed among other libraries that are in compliance with subsection (A).
35      72.49. (GP: Forego Salary Increase) Employees, staff and/or faculty of Higher Education Institutions, including Public Service
36   Activities agencies, may request to voluntarily forego the Fiscal Year 2005-06 general or merit salary increase and have the funds
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 1   appropriated for that increase remain in the base budget of the institution or agency; however, no employee, staff or faculty may
 2   voluntarily forego this increase if the employee, faculty or staff would then earn below the minimum of his pay band.
 3      72.50. (GP: Tobacco Settlement Funds Carry Forward) State agencies are hereby authorized to retain and carry forward any
 4   unexpended Tobacco Settlement Agreement funds from the prior fiscal year into the current fiscal year and to expend such funds
 5   for the same purpose.
 6      72.51. (GP: Use Tax Exemption) For the current fiscal year there is exempt from the use tax imposed pursuant to Chapter 36 of
 7   Title 12 of the 1976 Code the sales price of tangible personal property purchased for use in private primary and secondary schools,
 8   including kindergartens and early childhood education programs, which are exempt from income taxes pursuant to Section
 9   501(c)(3) of the Internal Revenue Code. For the purposes of this item, the Internal Revenue Code means Internal Revenue Code as
10   described in Section 12-6-40 of the 1976 Code. This exemption applies for sales occurring after 1995. No refund is due any
11   taxpayer of use tax paid on sales exempted by this paragraph.
12      72.52. (GP: Across-the-Board Reductions) When spreading any across-the-board cut mandated by the Budget and Control
13   Board or the General Assembly, state agencies are encouraged to reduce general operating expenses, which shall include but is not
14   limited to, travel, training, procurement, and the hiring of temporary and contractual employees before reductions are made to
15   programs, special line items, or local provider services critical to the agency’s mission.
16      72.53. (GP: Personal Property Tax Relief Fund) For the current fiscal year, Section 12-37-2735 of the 1976 Code is suspended.
17   If the Personal Property Tax Exemption Sales Tax is imposed in a county and a sales tax rate of two percent of gross proceeds of
18   sales is insufficient to offset the property tax not collected, sufficient amounts must be credited to the Trust Fund for Tax Relief
19   established pursuant to Section 11-11-150 of the 1976 Code to provide the reimbursement to offset such a shortfall in the manner
20   provided in Section 4-10-540(A) of the 1976 Code.
21      72.54. (GP: Accommodations Tax) For the current fiscal year the word ‘tourist’, as used in Section 6-4-10, does not apply to
22   museums or to festivals, arts and cultural events, or the sponsoring organization of these events.
23      72.55. (GP: COG Annual Report) Each Council of Government shall submit a report to the Senate Finance Committee and the
24   House Ways and Means Committee by December 1 each year describing how the funds which they received from the State in the
25   prior fiscal year were expended.
26      72.56. (GP: Governor’s Office, Veterans Affairs) Of the funds appropriated for the Division of Veterans Affairs, the Director
27   of the Division shall appoint an additional claims representative within the Division of Veterans Affairs, who, in addition to being
28   charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in
29   filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization,
30   training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases
31   associated with veterans of the Vietnam era. The person appointed as a claims representative under this section must be versed in
32   federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by
33   Congress and his appointment must be approved by the Governor.
34      Subject to the direction of the director, and in addition to other duties prescribed in this section, the claims representative
35   appointed pursuant to this section may represent the Division of Veterans Affairs on the South Carolina Agent Orange Advisory
36   Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control,
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 1   assist the Division of Veterans Affairs in carrying out its duties in connection with the Agent Orange Information and Assistance
 2   program, represent the director in connection with functions relating to Vietnam veterans, and perform other duties as may be
 3   assigned by the director.
 4      72.57. (GP: South Carolina Recycling Initiative) To protect the public health and safety, protect and preserve the environment
 5   of this State, and to recover resources which have the potential for usefulness in the most environmentally safe, economically
 6   feasible and cost effective manner, state agencies shall purchase recycled steel unless the item cannot be acquired competitively at
 7   a reasonable price.
 8      72.58. (GP: Restore Barnwell Funding) It is the intent of the General Assembly, that beginning in Fiscal Year 2004-05 the
 9   General Assembly shall begin to restore funding to the Extended Care Maintenance Fund as defined in Section 13-7-10 by
10   appropriating $5,000,000 each year until such time as the amount in the Fund is restored to the Fiscal Year 2000-01 level, plus
11   interest. If at any time the Extended Care Maintenance Fund is insufficient due to a reduction in funding in the Fiscal Year 2001-
12   2002 and/or 2002-2003 appropriations bill to cover the costs of the uses of the fund, the State shall be solely and exclusively
13   responsible for repaying an amount to restore funding to the Extended Care Maintenance Fund.
14      72.59. (GP: Best Management Practices) Using a format similar to the Department of Transportation’s best management
15   practices report, by September 1 of each year, agencies appropriated funds in this act must report on their website a self assessment
16   of the agency’s use of the following best practices during the prior fiscal year. Agencies are encouraged to partner with other
17   agencies for a peer review process. For each of the best practices, the agency must publicly rate itself as in compliance, in
18   progress, or in non-compliance. State institutions of higher education are exempt from this requirement.
19          (1) Integration of Planning and Budgeting: The agency employs a multi-year strategic planning process that links the
20   planning process with the annual budget review.
21          (2) Internal Audit: The agency utilizes an active internal audit process that includes: (a) programmatic reviews along with
22   fiscal reviews; (b) consistent follow-up on audit findings; and (c) reporting of the internal audit function to the institutional head
23   and/or to the governing board, if applicable. Agencies that cannot afford a separate internal audit staff should use internal reviews
24   that serve the same function as an internal auditor.
25          (3) Collaboration and Partnerships: The agency demonstrates financially beneficial collaborative efforts with other public
26   entities in performance of business functions including, as applicable, but not limited to, financial management, energy
27   management, printing and publications, mail service, procurement, warehousing, public safety, security, space utilization, and
28   parking.
29          (4) Outsourcing and Privatization: The agency examines opportunities for contracting out various business functions, has
30   performed cost analyses, and has implemented, where economically feasible, cost saving contracts.
31          (5) Process Analysis: The agency makes a critical examination of its business processes in an effort to increase
32   productivity, reduce waste and duplication, and improve the quality of services provided to its internal customers.
33          (6) Use of Automation and Technology: The agency uses a long range plan for improved use of technology to enhance
34   business processes and takes deliberate efforts to implement this technology within budget constraints.
35          (7) Energy and Other Resource Conservation and Management: The agency uses a plan to conserve energy and other
36   resources and has demonstrated positive results from the plan.
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 1          (8) Preventive and Deferred Maintenance: The agency uses a regular program of preventive maintenance to preserve its
 2   physical assets and has developed a plan to address overdue maintenance needs for its facilities.
 3          (9) Alternate Revenue Sources: The agency makes substantial efforts to identify and secure alternate revenue sources
 4   (excluding categorical grants for specific functions) to supplement funds available from state appropriations.
 5        (10) External Annual Financial Audit Findings: The agency minimizes or avoids all management letter and single audit
 6   findings in the annual audit performed or supervised by the State Auditor, especially violations of state law, material weaknesses,
 7   and single audit “findings” and “questioned costs.”
 8        (11) External Review Findings: The agency minimizes or avoids all non-compliance findings related to its business practices
 9   in external reviews and audits.
10        (12) Long Range Capital Plan: The institution uses a long range (minimum three to five years) capital improvement plan for
11   major capital requirements for its buildings and has, subject to fund availability, begun implementation of the plan.
12        (13) Risk Management: The agency has an active risk management program in place to minimize its losses.
13      72.60. (GP: Life and Palmetto Fellows Scholarships Waiver Exemption) Any provision in permanent law or in Part IB, Section
14   72 of this act, except that which is specified for LIFE and Palmetto Fellows Scholarships, that would require general fund
15   appropriations other than what is specified in Part IA of this act is waived for the current fiscal year.
16      72.61. (GP: Personnel Administration Exemption) Employees of the Offices of the Lieutenant Governor, Secretary of State,
17   State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of
18   Agriculture shall be exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those
19   employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer.
20   Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of
21   Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the
22   Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and
23   Tourism, the Department of Probation, Parole, and Pardon Services, the Department of Revenue, the Department of Social
24   Services, the State Law Enforcement Division, the Department of Motor Vehicles, and the Department of Public Safety shall be
25   exempt from the provisions of Article 5, Chapter 17, Title 8 of the 1976 Code of Laws, as amended, if those employees report
26   directly to the agency head or report directly to a person who reports directly to the agency head.
27      72.62. (GP: Sole Source Procurements) The Budget and Control Board shall evaluate and determine that the written
28   determinations, explanations, and basis for sole source procurements, pursuant to S.C. Code Section 11-35-1560, and emergency
29   procurements, pursuant to S.C. Code Section 11-35-1570, are legitimate and valid reasons for awarding non-competitive contracts.
30      72.63. (GP: DMV Data) The Department of Motor Vehicles shall provide access, in compliance with all state and federal
31   privacy protection statues, to the following data and reports without charge to the South Carolina Department of Transportation:
32        (1) all collision data and collision reports;
33        (2) registration information used for toll enforcement; and
34        (3) driver records of employees or prospective employees.
35      72.64. (GP: Administrative Hearings) Any administrative state agency performing administrative hearings within the State of
36   South Carolina may make use of existing video conferencing capabilities. There must be evidence that a cost savings will be
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 1   recognized by using video conferencing, as opposed to holding an administrative hearing where all parties must be in attendance at
 2   one particular location. A report of video conferencing activities and any related cost savings must be submitted annually, before
 3   January 15, to the House Ways and Means Committee and the Senate Finance Committee.
 4      72.65. (GP: Fee for Motions Disbursement) For the current fiscal year, the revenue collected pursuant to Section 8-21-320 of
 5   the 1976 Code shall be distributed by the State Treasurer in the following manner: (1) The first $450,000 of these funds must be
 6   transferred to the Prosecution Coordination Commission. The funds shall be distributed equally to the third, fourth, and eleventh
 7   judicial circuits to fund drug courts. (2) Any remaining funds must be transferred to the Judicial Department for operating
 8   purposes.
 9      72.66. (GP: Parking Fees) State agencies shall not impose additional parking fees or increases in current fees for state
10   employees during the current fiscal year. This provision does not apply to any college or university.
11      72.67. (GP: Constitutional Officer Furlough) All constitutional officers may take up to thirty-six days furlough in the current
12   fiscal year. The officials will retain all responsibilities and authority during the furlough. All monies saved from this furlough may
13   be retained by that agency and expended at the discretion of the constitutional officer. During this furlough, the constitutional
14   officer shall be entitled to participate in the same state benefits as otherwise available to them except for receiving their salaries.
15   As to those benefits which require employer and employee contributions, the state agency will be responsible for making both
16   employer and employee contributions if coverage would otherwise be interrupted; and as to those benefits which require only
17   employee contributions, the constitutional officer remains solely responsible for making those contributions.
18      72.68. (GP: Endangered Species License Plates) The Department of Motor Vehicles shall issue a series of special
19   commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the
20   “Non-game Wildlife and Natural Areas Fund” provided in Section 50-1-280. The special fee for the commemorative license plate
21   is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set
22   forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor
23   vehicle license plates and must be imprinted with the words “South Carolina Protects Endangered Species.” The plates must be
24   issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued.
25      72.69. (GP: Tobacco Funds) The Tobacco Settlement Revenue Management Authority may determine by resolution that some
26   or all of the amounts on deposit in the Healthcare Tobacco Settlement Trust Fund established pursuant to Section 11-11-170,
27   whether in the form of principal or interest, may be used to refund bonds issued pursuant to Chapter 49 of Title 11, to purchase
28   such bonds, directly or indirectly, and/or to secure bonds issued to refund such bonds. Any amounts received by the Authority
29   pursuant to the preceding clause in excess of the amount required to refund or purchase such bonds and all tobacco settlement
30   receipts received by the State pursuant to Section 11-49-130 must be deposited directly with the Department of Health and Human
31   Services for health care expenditures to achieve the maximum Medicaid match.
32      72.70. (GP: Facility Rental Fee) The Governor’s School for the Arts and Humanities, Governor’s School for Science and
33   Mathematics, Wil Lou Gray Opportunity School, and John de la Howe School are authorized to charge, collect, expend and carry
34   forward fees charged for facility and equipment rental and registration.
35      72.71. (GP: Insurance Claims) Any insurance reimbursement to an agency may be used to offset expenses related to the claim.
36   These funds may be retained, expended, and carried forward.
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 1      72.72. (GP: Organizational Charts) All agencies, departments and institutions of state government shall furnish to the Office of
 2   Human Resources (1) a current personnel organizational chart annually no later than September 1 of the current fiscal year, or upon
 3   the request of the Office and (2) notification of any change to the agency’s organizational structure which impacts an employee’s
 4   grievance rights within 30 days of such change. The organizational chart shall be in a form prescribed by the Office of Human
 5   Resources showing all authorized positions, class title, class code, class slot and indications as to whether such positions are filled
 6   or vacant. In addition, the organizational chart shall clearly identify those employees who are exempt from the State Employee
 7   Grievance Procedure Act.
 8      72.73. (GP: Agencies Affected by Restructuring) Upon restructuring of state agencies by the General Assembly in separate
 9   legislation, the Budget and Control Board is directed to work with affected State agencies in order to phase-in operations of
10   restructured organizations during the current fiscal year. Restructured organizations should be operating entirely under the revised
11   structure no later than June 30, of the current fiscal year. The Board is further directed to work with the affected agencies in order
12   to identify and facilitate the transfer of any portion of their operations, including transfer of funds during the current fiscal year,
13   which is affected by the restructured organization adopted by the General Assembly, but which has not already been accomplished
14   herein. Until sufficient changes can be made to the State’s accounting system and the appointment of appropriate agency heads,
15   the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing
16   documents within the account structure existing on June 30, of the prior fiscal year. Restructured agencies shall make all the
17   necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than June
18   30, of the current fiscal year. The Budget and Control Board Office of State Budget is directed to prepare the subsequent detail
19   budget to conform Part IA and corresponding provisos in this act to any restructuring changes that are ratified in separate
20   legislation.
21      72.74. (GP: Agency Administrative Support Collaboration) It is the intent of the General Assembly that state agencies continue
22   to actively pursue cost savings measures through collaborative efforts and where feasible may combine administrative support
23   functions with other agencies in order to maximize efficiency and effectiveness.
24      72.75. (GP: Assessment Audit) (1) Based upon a random selection process, the State Auditor shall periodically examine the
25   books, accounts, receipts, disbursements, vouchers, and any records deemed necessary of the county treasurers, municipal
26   treasurers, county clerks of court, magistrates, and municipal courts to report whether the assessments, surcharges, fees, fines,
27   forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court,
28   magistrates court, and municipal court are properly collected and remitted to the State. In addition, the purpose of these audits is to
29   determine if the proper amount of funds have been reported, retained, and allocated for victim services in accordance with state
30   law. These audits must be performed in accordance with standard auditing practices to include the right to respond to findings
31   before the publishing of the audit report. The State Auditor is directed to submit a copy of the completed audit report to the
32   Chairmen of the House Ways & Means Committee, Senate Finance Committee, House Judiciary Committee, Senate Judiciary
33   Committee, and the Governor. If the State Auditor finds that any authority has over remitted the state’s portion of the funds
34   collected by the authority or over reported or over retained crime victim funds, the State Auditor shall notify the State Treasurer to
35   make the appropriate adjustment to the authority. If the State Auditor finds that any authority has under remitted, incorrectly
36   reported, incorrectly retained, or incorrectly allocated the state or victim services portion of the funds collected by the authority, the
                                                                                                                                 PAGE 534

 1   State Auditor shall determine where the error was made. If the error is determined to have been made by the county or municipal
 2   treasurer’s office, the State Auditor shall notify the State Office of Victim Assistance for the crime victim portion and the chief
 3   administrator of the county or municipality of the findings and, if full payment has not been made by the county or municipality
 4   within ninety days of the audit notification, the State Treasurer is directed to adjust the authority’s aid to subdivisions funding in an
 5   amount equal to the amount determined by the State Auditor to be the state’s portion; or equal to the amount incorrectly reported,
 6   retained, or allocated pursuant to Sections 14-1-206(B)(D), 14-1-207(B)(D), 14-1-208(B)(D), and 14-1-211(B) of the 1976 Code.
 7      If an error is determined to have been made at the magistrate, municipal, family, or circuit courts, the State Auditor shall notify
 8   the responsible office, their supervising authority, and the chief justice of the State. If full payment has not been made by the court
 9   within ninety days of the audit notification, the chief magistrate or municipal court or clerk of court shall remit an amount equal to
10   the amount determined by the State Auditor to be the state’s portion or the crime victim fund portion within ninety days of the
11   audit notification.
12         (2) The State Auditor is further authorized to conduct these examinations and the local authority is required to participate in
13   and cooperate fully with the examination. The State Auditor is authorized to subcontract with independent auditors on audits
14   required in subsection (1). The State Auditor is encouraged to create an audit team to perform these audits. The State Treasurer is
15   authorized to transfer the first $10,900 received from the General Sessions Court pursuant to Section 14-1-206, the first $136,600
16   received from the Magistrates Court pursuant to Section 14-1-207, and the first $102,500 received from the Municipal Court
17   pursuant to Section 14-1-208 for a total of $250,000 dollars to the State Auditor’s Office to fund these audits as required in
18   subsection (1). Notwithstanding another provision of law, a state agency or local governmental entity receiving assessments,
19   surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court,
20   circuit court, magistrates court and municipal court is authorized to use any of their funds to assist the State Auditor’s Office in
21   funding these audits.
22         (3) Each municipality shall submit a copy of its annual audit report as provided in Section 5-7-240 of the 1976 Code without
23   charge to both the State Treasurer’s Office and the State Auditor’s Office within thirty days of such report being made public. If a
24   municipality fails to provide the copy of the annual audit within the above prescribed time period the State Treasurer’s Office is
25   authorized to withhold the municipality’s aid to subdivision until the annual audit report is properly filed.
26         (4) The State Treasurer’s Office and South Carolina Court Administration shall make available annually training on the
27   collection and distribution of assessments, surcharges, fees, fines, forfeitures, escheatments, or other monetary penalties imposed or
28   mandated, or both, by law in family court, circuit court, magistrates court and municipal court for the counties, municipalities, and
29   court employees.
30         (5) The State Treasurer is authorized to transfer $2,000 received from the General Sessions Court pursuant to Section 14-1-
31   206, $5,000 received from Magistrates Court pursuant to Section 14-1-207, and $3,000 received from Municipal Court pursuant to
32   Section 14-1-208 for a total of $10,000 to fund annual training on the collection and distribution of assessments, surcharges, fees,
33   fines, forfeitures, escheatments, or other monetary penalties imposed or mandated, or both, by law in family court, circuit court,
34   magistrates court, and municipal court for the counties, municipalities, and court employees. The State Treasurer’s Office and
35   South Carolina Court Administration shall be responsible for the annual training prescribed by this section.
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 1      72.76. (GP: Correctional Officer Retention) For the current fiscal year, the provisions of Section 23-6-405, which pertain to
 2   reimbursement for mandatory training of a government employee subsequently hired by another governmental entity, also apply to
 3   Correctional Officers and Juvenile Correctional Officers.
 4      72.77. (GP: Magistrate Civil & Complaint Filing Fees) For the current fiscal year, a twenty-five dollar assessment shall be
 5   imposed on all summons and complaint filings in magistrate court and a ten dollar assessment shall be imposed on all other civil
 6   filings in magistrate court except on restraining orders. The fees shall be collected by the magistrate court and forwarded to the
 7   county treasurer monthly to be remitted to the State Treasurer for allocation to the Judicial Department.
 8      72.78. (GP: Morris Island Lighthouse Transfer) Responsibility for the Morris Island Lighthouse is transferred from the
 9   Department of Natural Resources to the Budget and Control Board. The board is authorized and directed on behalf of the State of
10   South Carolina to execute all necessary agreements concerning Section 103 funds available from the federal government. The
11   State will be responsible for all financial commitments arising from the Section 103 agreements.
12      72.79. (GP: H.L. Hunley Museum Location) The General Assembly approves the City of North Charleston as the permanent
13   site of the H.L. Hunley Museum. This approval is contingent upon the negotiation and execution of necessary contracts between
14   the State of South Carolina and the City of North Charleston. The Hunley Commission is directed to expend funds from its
15   account to negotiate and execute contracts on behalf of the State of South Carolina.
16      72.80. (GP: Secure Juvenile Confinement) The Attorney General shall review the interpretation of the current policies of the
17   Department of Public Safety and the Department of Corrections regarding secure juvenile confinement that the departments
18   indicate may jeopardize federal grant funds. The departments may not implement any changes to the current policies regarding
19   secure juvenile confinement until the Attorney General considers the departments’ interpretation of the federal Juvenile Justice and
20   Delinquency Prevention Act in regard to the secure holding of juveniles for more than six hours in adult detention facilities that
21   also serve as 48-hour juvenile holdover facilities. The Attorney General will determine if the departments’ interpretation is fair
22   and equitable and how the local governments and the Department of Juvenile Justice would be impacted, to include any financial
23   considerations.
24      72.81. (GP: State Health Plan - Experience Rating for Local Disabilities and Special Needs Boards) With respect to the Budget
25   and Control Board’s experience rating of all optional groups participating in the State employee health insurance program under
26   the authority of Section 1-11-720, all local Disabilities and Special Needs providers are authorized under Subsection (A)(3) will be
27   rated as a single group.
28      72.82. (GP: Reassessment Implementation) Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the
29   governing body of a county that pursuant to the provisions of Section 3.SS.1, Act 69 of 2003, postponed implementation of the
30   values determined in a countywide assessment and equalization program until 2004, by ordinance may postpone the
31   implementation for one additional property tax year.
32      72.83. (GP: ISCEDC Funding Transfer) The departments of Mental Health, Disabilities and Special Needs, and Juvenile
33   Justice are directed to transfer a total of $1,199,456 in funds to the Department of Social Services for the support of the Interagency
34   System for Caring for Emotionally Disturbed Children. Funding transfers shall be in the following amounts: Department of
35   Mental Health - $595,000, Department of Disabilities and Special Needs - $379,456, and Department of Juvenile Justice -
36   $225,000. The transfer of funds shall be accomplished by September 30 of the current fiscal year.
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 1      72.84. (GP: Employee Bonuses) State agencies and institutions are allowed to spend state, federal, and other sources of revenue
 2   to provide selected employees lump sum bonuses, not to exceed two thousand dollars per year, based on objective guidelines
 3   established by the Budget and Control Board. Payment of these bonuses is not a part of the employee’s base salary and is not
 4   earnable compensation for purposes of employee and employer contributions to respective retirement systems.
 5      72.85. (GP: FEMA Flexibility) Any appropriation designated as the state share for a federally declared disaster may be carried
 6   forward and used for the same purpose by the Emergency Management Division of the Adjutant General’s Office in the event of
 7   additional federally declared disasters. Unallocated funds from established state accounts may be used as the state share in any
 8   federally declared disaster. Such funds may not be expended for any purpose other than for the state share for a federally declared
 9   disaster.
10      In the event there is a federally declared disaster and state match funds are unavailable, the State Budget and Control Board may
11   borrow from any internal account or accounts necessary to maximize federal matching funds through the Emergency Management
12   Division. Any such borrowing must be reported to the General Assembly within 5 days. Funds borrowed from accounts shall be
13   replenished by the General Assembly as soon as practicable.
14      72.86. (GP: Respiratory Syncytial Virus Prescription Sales and Use Tax Exemption) The effective date of the exemption from
15   sales and use tax of prescription medicines used to prevent respiratory syncytial virus shall be January 1, 1999. No refund of sales
16   and use taxes may be claimed as a result of this provision.
17      72.87. (GP: Photo Identification Card) The Department of Corrections and the Department of Probation, Parole and Pardon
18   Services are directed to work with the Department of Motor Vehicles to develop and implement a plan for providing inmates who
19   are being released from a correctional facility with a valid photo identification card. To the extent that funds are available from an
20   individual inmate’s account, the Department of Corrections or the Department of Probation, Parole and Pardon Services shall
21   transfer five dollars to the Department of Motor Vehicles to cover the cost of issuing the photo identification card. The
22   Department of Motor Vehicles shall use existing resources and technology to produce the photo identification card.
23      72.88. (GP: Year-End Financial Statements - Penalties) Agencies and other reporting entities required to submit annual audited
24   financial statements for inclusion in the State’s Comprehensive Annual Financial Report must comply with the submission dates
25   stipulated in the State Auditor’s Office audit contract. If the audit was not contracted by the State Auditor’s Office, the final
26   audited financial statements are due not later than October 15 for the prior fiscal year. Each agency that does not comply with the
27   provisions of this proviso shall appear before the Comptroller General, providing an explanation for the delay.
28      72.89. (GP: Workers’ Compensation for Voluntary Constables) For Fiscal Year 2006-07 the current fiscal year, a voluntary
29   constable appointed pursuant to Section 23-1-60, of the 1976 Code, as amended, must be included under the provisions of the
30   workers’ compensation laws only while performing duties in connection with his appointment and as authorized by the State Law
31   Enforcement Division. The workers’ compensation premiums for these constables must be paid from the funds appropriated for
32   this purpose upon warrant of the Chief of the State Law Enforcement Division.
33      72.90. (GP: Purchase Card Incentive Rebates) In addition to the Purchase Card Rebate deposited in the general fund, any
34   incentive rebate premium received by an agency from the Purchase Card Program may be retained and used by the agency to
35   support its operations.
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 1      72.91. (GP: Earmarked and Restricted Accounts Study Committee) A Joint Study Committee on Earmarked and Restricted
 2   Accounts is established to review all agency earmarked and restricted accounts as defined by the Comptroller General's records.
 3   The joint study committee shall be composed of three members appointed by the Speaker of the House of Representatives, three
 4   members appointed by the President Pro Tempore of the Senate, three members appointed by the Chairman of the House Ways and
 5   Means Committee and three members appointed by the Chairman of the Senate Finance Committee. Members may appoint their
 6   designee from either the public or private sector of the state. Personnel of the Senate and the House of Representatives must staff
 7   the committee with assistance from any state agency or division as needed. Findings and recommendations shall be reported to the
 8   General Assembly by January 9, 2007 January 8, 2008. Upon submission of the findings, the committee shall be dissolved.
 9   Committee members shall serve without compensation.
10      72.92. (GP: Competitive Grants Funds Carry Forward) Unexpended funds appropriated/ authorized to the Department of
11   Health and Environmental Control, the Department of Parks, Recreation, and Tourism, the Department of Commerce, and the
12   Budget and Control Board for a competitive grants program shall be carried forward into the current fiscal year and shall be used
13   for the same purpose.
14      72.93. (GP: Law School Educational Fee Waiver) For Fiscal Year 2006-2007 the current fiscal year, a public institution of
15   higher learning with a law school may offer fee waivers to no more than four percent of the law school student body. This waiver
16   shall not impact the capacity of the fee waivers for four percent of the undergraduate student body. This waiver can not be applied
17   to fees for out-of-state students.
18      72.94. (GP: High Mileage Patrol Car Replacement) Any funds received by the Department of Motor Vehicles as a result of
19   the provisions of Section 7, Act 156 of 2005 or Proviso 73.9 of this act are to be transferred to the Department of Public Safety for
20   use in replacing high-mileage patrol cars. The Department of Public Safety may retain and carry-forward any unexpended funds
21   received through Proviso 72.105 of Act 397 of 2006 to be used for the same purpose replacement of high mileage patrol cars.
22      72.95. (GP: Sex Offender Monitoring and Supervision) The funds appropriated to the Department of Probation, Parole and
23   Pardon Services in Part IA, Section 38, Program II.A.2. for the Sex Offender Monitoring Program and to the Department of
24   Juvenile Justice in Part IA, Section 39, Program III.A., Special Item: Sex Offender Monitoring are to be used and expended only
25   for the implementation of S.1138 of 2006 GPS monitoring programs of the departments. Funds appropriated for this program may
26   not be used for any other purpose or transferred to any other program. Unexpended funds appropriated for Sex Offender
27   Monitoring may be carried forward and used for the same purpose. If S.1138 of 2006 is not signed into law, the departments must
28   lapse all funds for the Sex Offender Monitoring Program to the General Fund of the State at the end of the fiscal year and the new
29   FTE's associated with the program must be deleted.
30      The departments are directed to submit a report to the General Assembly by January 15 each year accounting for the expenditure
31   of the funds including any carry-forward funding; the total costs and per-day costs for equipment, supervision, and monitoring; the
32   total number of staff assigned to the activity and the average agent case loads; the amount of funds collected from sex offenders for
33   both intensive supervision and electronic monitoring; and the anticipated fiscal needs for the upcoming fiscal year. The report
34   shall also include, but not be limited to, data regarding the number of offenders sentenced to electronic monitoring, including the
35   number sentenced for life; the number of alert notifications received, investigated, and prosecuted; and the number of offenders
36   returned to prison as a result of electronic monitoring violations.
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 1      72.96. (GP: Victims Assistance Study) The Legislative Audit Council shall research all victims assistance programs in the
 2   state and determine the best method for delivery of services and allocation of resources for these programs. A report must be
 3   submitted to the General Assembly by January 8, 2007.
 4      72.97. (GP: Viscosupplementation Therapies Sales and Use Tax Exemption) For the current fiscal year only, sales and use
 5   taxes on viscosupplementation therapies shall be suspended. No refund or forgiveness of tax may be claimed as a result of this
 6   provision.
 7      72.98. (GP: Legislative and Judicial Salary Study Committee) There is hereby established a committee to review the salaries
 8   and make recommendations for the appropriate salary levels of South Carolina’s constitutional officers, judges, and legislators.
 9   The review shall include, but not be limited to, a comparison of similar positions in other states, including comparable job duties,
10   jurisdictions, workloads/caseloads, etc.
11      The committee shall be composed of nine members appointed as follows:
12         (a) four members appointed by the Governor;
13         (b) one member appointed by the State Treasurer;
14         (c) two members appointed by the Chief Justice of the Supreme Court;
15         (d) one member appointed by the President Pro Tempore of the Senate; and
16         (e) one member appointed by the Speaker of the House of Representatives.
17      The committee shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives,
18   the Chief Justice of the Supreme Court, and the Governor by December 31, 2006.
19      The members of the committee may receive the per diem, mileage, and subsistence as allowed by law for members of state
20   boards, committees, and commissions when engaged in the exercise of their duties as members of the committee. The per diem,
21   mileage, and subsistence shall be paid from the accounts of the appointing authority. Staff support shall be provided by the
22   appointing authority or the Budget and Control Board as necessary.
23      72.99. (GP: Alternative Fuels and Fuel Efficiency Incentives) (A) Sales tax rebates shall be applied to vehicle purchases as
24   follows:
25         (1) There shall be a $300 sales tax rebate for in-state purchases of all Flex-Fuel Vehicles (FFV), capable of operating on E85
26   motor fuel. The rebate shall be in the form of a payment sent to the buyer upon completion of a form created by the Department of
27   Revenue and made available to the public, dealers, and the Department of Motor Vehicles. Eligible vehicles for each model year
28   are those models identified by the manufacturer as being flexible-fuel vehicles capable of operating on E85 motor fuel. E85 motor
29   fuel is a fuel comprised of eighty-five percent ethanol fuel and fifteen percent gasoline fuel.
30         (2) There shall be a $300 sales tax rebate for in-state purchases of all hydrogen fuel cell vehicles. The rebate shall be in the
31   form of a payment sent to the buyer upon completion of a form created by the Department of Revenue and made available to the
32   public, dealers, and the Department of Motor Vehicles. A hydrogen fuel cell vehicle is any vehicle classified by the United States
33   Department of Energy as a hydrogen fuel cell vehicle.
34         (3) There shall be a $300 sales tax rebate for in-state purchases of plug-in hybrid gasoline-electric vehicles. The rebate shall
35   be in the form of a payment sent to the buyer upon completion of a form created by the Department of Revenue and made available
36   to the public, dealers, and the Department of Motor Vehicles. A plug-in hybrid gasoline-electric vehicle is a vehicle classified by
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 1   the United States Department of Energy as a hybrid gasoline-electric vehicle capable of being propelled by both a gasoline-fueled
 2   internal combustion engine and an electric motor powered by a battery that can be recharged by being plugged into an external
 3   source of electricity.
 4         (4) There shall be a sales tax rebate of up to $500 for purchase of equipment that results in the conversion of a conventional
 5   hybrid gasoline-electric vehicle to a plug-in hybrid gasoline-electric vehicle. The rebate shall be in the form of a payment sent to
 6   the buyer upon completion of a form created by the Department of Revenue and made available to the public and dealers.
 7      (B) Incentive payments for alternative fuel purchases shall be provided as follows. Alternative fuel purchases incentive
 8   payments shall be provided as follows from the General Fund, excluding revenue derived from the sales and use tax.
 9         (1) There shall be a five cents incentive payment to the retailer for each gallon of E85 fuel sold, provided that the E85 fuel is
10   subject to the South Carolina motor fuel tax and the price of the E85 fuel is at least five cents lower than the price of the lowest
11   selling non-E85 gasoline fuel being sold at the same retail facility. The payment shall be made to the retailer upon compliance
12   with verification procedures set forth by the Department of Agriculture.
13         (2) There shall be a five cents incentive payment to the retailer for each gallon of B20 fuel sold, provided that the B20 fuel is
14   subject to the South Carolina motor fuel tax and the price of the B20 fuel is at least five cents lower than the price of the lowest
15   selling non-B20 diesel fuel being sold at the same retail facility. B20 fuel is a fuel that is twenty percent biodiesel fuel and eighty
16   percent petroleum-based diesel fuel. Biodiesel fuel is a fuel for motor vehicle diesel engines comprised of vegetable oils or animal
17   fats and meeting the specifications of ASTM (American Society of Testing and Materials) D 5761. The payment shall be made to
18   the retailer upon compliance with verification procedures set forth by the Department of Agriculture.
19         (3) There shall be a five cents incentive payment to the retailer or wholesaler for each gallon of B20 fuel sold as dyed diesel
20   fuel for “off road” uses, provided the price of the B20 dyed fuel is at least five cents lower than the price the lowest selling
21   non-B20 dyed diesel fuel. The payment shall be made to the retailer upon compliance with verification procedures set forth by the
22   Department of Agriculture.
23      (C) The following income tax credits shall apply to taxes imposed by Sections 12-6-510 and 12-6-530 of the 1976 Code for tax
24   years beginning after December 31, 2005.
25         (1) There shall be a business or personal income tax credit of twenty cents for each gallon of biodiesel motor fuel produced
26   mostly from soybean oil and sold, up to a maximum of three million gallons per year from each facility, for a maximum of five
27   years for each facility. Credits are available for not more than one facility in each county in any calendar year, with priority given
28   to the first facility in a county that produces biodiesel motor fuel using soybean oil as the feedstock. Credits are available to
29   individuals or businesses producing motor fuel mostly from soybean oil for internal use without regard to the per county limitation.
30   This credit may be carried forward for up to three years. The payment shall be made upon compliance with verification procedures
31   set forth by the Department of Agriculture.
32         (2) There shall be a business or personal income tax credit of thirty cents for each gallon of biodiesel motor fuel a majority of
33   which is produced from feedstock other than soybean oil and sold, up to a maximum of three million gallons per year, for a
34   maximum of five years. Credits are available for not more than one facility in each county in any calendar year, with priority given
35   to the first facility in a county that produces biodiesel motor fuel using a feedstock other than soybean oil. Credits are available to
36   individuals or businesses producing biodiesel motor fuel for internal use, a majority of which is derived from feedstock other than
                                                                                                                           PAGE 540

 1   soybean oil, without regard to the per county limitation. This credit may be carried forward for up to three years. The payment
 2   shall be made upon compliance with verification procedures set forth by the Department of Agriculture.
 3      (D) The Department of Revenue may prescribe forms, procedures, issue policy documents and distribute funds as necessary to
 4   ensure the orderly and timely implementation of the provisions herein. The Department of Revenue shall coordinate with the
 5   Department of Agriculture as necessary.
 6      (E) There is hereby established the Strategic and Tactical Research on Energy Independence Commission (STREIC) for the
 7   purposes of evaluating the effectiveness of this proviso, and considering other proposals to enhance the economy of the State and
 8   to reduce the adverse consequences of South Carolina’s overdependence on petroleum products as fuel for motor vehicles. The
 9   commission will receive information from a broad spectrum of interested, affected, and knowledgeable parties, and will submit
10   recommendations to the General Assembly, the Governor and the Budget and Control Board no later than January 15, 2007 2008.
11   The commission shall consist of seven members. One member shall be appointed by the Speaker of the House of Representatives,
12   one member shall be appointed by the President Pro Tempore of the Senate, one member shall be appointed by the Chairman of the
13   House Ways and Means Committee, one member shall be appointed by the Chairman of the Senate Finance Committee, and one
14   member shall be appointed by the Governor. There shall be two ex officio members: the Commissioner of Agriculture or his
15   designee, and the Director of the South Carolina Institute for Energy Studies, who shall serve as Chairman. When on business of
16   the council, members shall be entitled to receive such compensation as provided by law for members of boards and commissions.
17   The commission shall serve without compensation. Staff support for the commission shall be provided by the State Energy Office
18   of the Budget and Control Board.
19      72.100. (GP: Constitutional Officers’ Vehicles Log) Constitutional officers using state owned vehicles shall provide a monthly
20   log of use to the public. The log shall be reported to the Budget and Control Board monthly, and shall be posted and updated on
21   the state website. Log information shall include at a minimum; date of use, license plate number (except in the case of a non-state
22   government tag), purpose of use, persons riding in the vehicle, person driving the vehicle, departure, arrival, and return
23   destinations, and mileage for each use. This provision applies to the use of any state owned vehicle whether personally assigned to
24   the constitutional officer or to a vehicle not specifically assigned to a constitutional officer in which he is riding.
25      72.101. (GP: LightRail) Pursuant to this provision the three research universities: Clemson University, the Medical University
26   of South Carolina, and the University of South Carolina-Columbia, are authorized and directed to plan, procure, administer,
27   oversee, and manage all functions associated with the South Carolina LightRail and are thereby exempt from the oversight and
28   project management regulations of the State Chief Information Officer. The procurement associated with the South Carolina Light
29   Rail shall include a public/private sector partnership. South Carolina Light Rail is a research network and is reserved for the use
30   of the state’s research universities. The network must be used solely for the exchange of data directly and integrally related to
31   research projects conducted by one or more of the three research universities. The entity managing the network must submit
32   quarterly to the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee a report
33   specifically identifying each entity with access to the network and the bandwidth devoted to each such entity.
34      72.102. (GP: Homeland Security Projects) Any Homeland Security project funded by the Unobligated Fiscal Year 2005-06
35   General Fund Revenue appropriated to the Budget and Control Board pursuant to Item (90), Proviso 73.14 of the Fiscal Year
36   2006-07 General Appropriations Act is exempt from the requirements of the South Carolina Consolidated Procurement Code. The
                                                                                                                              PAGE 541

 1   President Pro Tempore of the Senate and the Speaker of the House of Representatives must authorize any expenditure of these
 2   funds.
 3      72.103. (GP: Exemption From Sunday Sales Regulation) For the current fiscal year, the provisions of Chapter 1 of Title 53 do
 4   not apply to any county area, as defined in Section 6-4-5(1), which collects more than nine hundred dollars in one fiscal year in
 5   revenues from the accommodations tax provided for in Section 12-36-2630(3) and imposed in Section 12-36-920(A).
 6      72.104. (GP: Court Appointment Deferral Fund) For the current fiscal year, there is established the Court Appointment
 7   Deferral Fund to be maintained by the Supreme Court, in its discretion, for the sole purpose of allowing an attorney licensed to
 8   practice law in this State, who is not otherwise exempt from appointment pursuant to Rule 608(d), a one-year optional exemption
 9   from appointment to represent an indigent person in accordance with the requirements of Rule 608 upon the payment of a set fee
10   established by the Supreme Court.
11      The Supreme Court shall promulgate rules in accordance with the provisions of Section 14-3-950 including, but not limited to,
12   the establishment of:
13         (1) an appropriate fee or fee schedule for a one-year exemption from appointment which may be not less than one thousand
14   dollars and may be adjusted on a yearly basis for inflation or as the Supreme Court deems necessary on an ongoing basis;
15         (2) a one-year time frame for which all exemptions would be subject; and
16         (3) guidelines for the use of the fees collected for the defense of indigent persons.
17      72.105. (GP: Employee Actions) Notwithstanding any other provision of law, for Fiscal Year 2007-2008, employees of an
18   Executive Department of this State, except for the Department of Transportation, enumerated in Section 1-30-10(A) of the 1976
19   Code with a governing board who are unclassified, whose employment or compensation are decided by the governing board
20   subject to specified approvals provided by law, and whose appointment or employment is subject to Senate confirmation may not
21   be reassigned, terminated, or have their compensation reduced, except by majority vote of the governing board and approval by
22   the Senate upon advice and consent prior to the action being taken or an interim appointment being made.
23      72.106. (GP: Academic Center) Of the funds appropriated to the University of South Carolina Upstate for other operating
24   expenses, $100,000 shall be transferred to Spartanburg Community College to support the Academic Center.
25      72.107. (GP: Clerks of Court) Of the funds appropriated to the Judicial Department for technology and as a condition for
26   receiving these funds, the Clerks of Court of the counties shall give a ten-day notice, either by E-mail or United States mail, to the
27   attorneys of record and all other persons representing themselves, pro se, that the court roster is available on the internet. If the
28   notice is not given by E-mail, a copy of it must be mailed by United States mail to those persons of record including, but not limited
29   to, those persons listed above.
30      72.108. (GP: Insurance Program Incentives) The Employee Insurance Program of the Budget and Control Board is directed to
31   develop, for employees and their spouses who participate in the health plans offered by the Employee Insurance Program, an
32   incentive plan in order to encourage participation in programs, offered by the Employee Insurance Program, that promote health
33   and prevention of disease. The Employee Insurance Program is further directed to implement a premium reduction or other
34   financial incentive, beginning on January 1, 2008, for those employees and their spouses who participate in these programs.
35
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 1   SECTION 73 - X91 - STATEWIDE REVENUE
 2
 3      73.1. (SR: Year End Expenditures) Unless specifically authorized herein, the appropriations provided in Part IA of this act as
 4   ordinary expenses of the State Government shall lapse on July 31, 2007 2008. State agencies are required to submit all current
 5   fiscal year input documents to the Comptroller General’s Office by July 17, 2007 July 16, 2008. Appropriations for Permanent
 6   Improvements, now outstanding or hereafter provided, shall lapse at the end of the second fiscal year in which such appropriations
 7   were provided, unless definite commitments shall have been made, with the approval of the State Budget and Control Board and
 8   Joint Bond Review Committee, toward the accomplishment of the purposes for which the appropriations were provided.
 9   Appropriations for other specific purposes aside from ordinary operating expenses, now outstanding or hereafter provided, shall
10   lapse at the end of the second fiscal year in which such appropriations were provided, unless definite commitments shall have been
11   made, with the approval of the State Budget and Control Board, toward the accomplishment of the purposes for which the
12   appropriations were provided.
13      73.2. (SR: Law Enforcement Funding) (A) In addition to all other assessments and surcharges, during the current fiscal year, a
14   twenty-five dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the
15   general sessions court or in magistrates’ or municipal court for misdemeanor traffic offenses or for nontraffic violations. No
16   portion of the surcharge may be waived, reduced, or suspended. (B)(1) The revenue collected pursuant to subsection (A) must be
17   retained by the jurisdiction, which heard or processed the case and paid to the State Treasurer within thirty days after receipt. The
18   State Treasurer may retain the actual cost associated with the collection of this surcharge not to exceed $40,000. The State
19   Treasurer shall allocate and transfer quarterly the remaining revenue as follows: 37.75% of these funds quarterly to the circuit
20   solicitors in the manner hereinafter provided, 22.10% to the Department of Juvenile Justice for the Coastal Evaluation Center, for
21   Assault Prevention, and other federal lawsuit related expenses, 15% to the State Law Enforcement Division for its general
22   purposes, 15% to the Department of Corrections for its general purposes, 3.75% to the Attorney General’s Office for its general
23   purposes, 3.75% to the Judicial Department for its general purposes, 1.55% to the Department of Natural Resources for statewide
24   police responsibilities, 1% to the Office of Indigent Defense, Division of Appellate Defense for its general purposes, and 0.10% to
25   the Forestry Commission for statewide police responsibilities. The State Treasurer shall transmit the portion of these funds
26   earmarked for the solicitors’ offices to the Prosecution Coordination Commission which shall then apportion these funds among
27   the circuit solicitors of this State on a per capita basis equal to the population in that circuit compared to the population of the State
28   as a whole based on the most recent official United States census. The funds shall be used for the operation of the solicitors’
29   offices, and the solicitor may use a portion of those funds to provide for drug courts in their judicial circuits. (2) The funds
30   received by solicitors’ offices pursuant to this paragraph in part are to replace the funds received by solicitors in the same year
31   from judicial circuits state support pursuant to Paragraph 33.3 Judicial Circuits State Support. As a result and notwithstanding the
32   provisions of item (1) above, the State Treasurer shall withhold funds received under this paragraph for the benefit of the solicitors
33   and transmit seventy-five percent of the aforementioned funds to the Highway Patrol Division (DPS) to be used for equipment,
34   vehicle purchases, and associated vehicle expenditures, to include maintenance and gasoline, for the Highway Patrol and
35   twenty-five percent of the aforementioned funds to the Judicial Department until such time as these deposits equal the amounts
36   disbursed or to be disbursed to the solicitors under Paragraph 33.3 Judicial Circuits State Support. Thereafter, any such funds
                                                                                                                               PAGE 543

 1   received for the benefit of the solicitors shall be disbursed to them in the manner required in item (1) above. (C) It is the intent of
 2   the General Assembly that the amounts generated by this paragraph for use by the solicitors’ offices shall be in addition to any
 3   amounts presently being provided by the county for these services and may not be used to supplant funding already allocated for
 4   these services by the county. (D) The State Treasurer may request the State Auditor to examine the financial records of any
 5   jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection
 6   (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in
 7   and cooperate fully with the examination.
 8      73.3. (SR: Excess Debt Service Funds Carry Forward) The State Treasurer’s Office is directed to carry forward $3,507,254 of
 9   Excess Debt Service funds from Fiscal Year 2005-06 and credit such amount to the General Fund in Fiscal Year 2006-07 to be
10   used as a source to support appropriations. Any remaining Excess Debt Service funds from Fiscal Year 2005-06 may be carried
11   forward and expended for debt service purposes in Fiscal Year 2006-07.
12      73.4. (SR: Court Fee) The Family and Circuit Court filing fee shall be increased by $50. This new revenue shall be allocated as
13   follows:
14        Judicial Department- $3,500,000;
15        Commission on Indigent Defense, Defense of Indigents per Capita- $750,000;
16        Department of Probation, Parole & Pardon Services- $582,000;
17        Prosecution Coordination Commission- $225,000; and
18        Commission on Indigent Defense, Division of Appellate Defense- $93,000.
19      One hundred percent of the $50 increase must go to the above mentioned agencies to retain, expend and carry forward.
20      73.5. (SR: Titling of Real Property) It is the intent of the General Assembly to establish a comprehensive central property and
21   office facility management process to plan for the needs of state government agencies and to achieve maximum efficiency and
22   economy in the use of state owned or state leased real properties. The Budget and Control Board is directed to identify all state
23   owned properties whether titled in the name of the state or an agency or department, and all agencies and departments of state
24   government are upon request to provide the Board all documents related to the title and acquisition of the real properties that are
25   occupied or used by the agency or titled in the name of the agency. Except for any properties where the Board determines title
26   should not be in the name of the State because the properties are subject to reverter clauses or other restraints on the property, or
27   where the Board determines the state would be best served by not receiving title, and with the exception of properties, highways
28   and roadways owned by the Department of Transportation, title of any property held by or acquired by a state agency or
29   department shall be titled in the name of the state under the control of the Budget and Control Board. Titling in the name of the
30   state shall not affect the operation or use of real property by an agency.
31      This provision applies to all state agencies and departments except: institutions of higher learning; the Public Service Authority;
32   the Ports Authority; the South Carolina Division of Public Railways; the MUSC Hospital Authority; the Myrtle Beach Air Force
33   Redevelopment Authority; the Department of Transportation; and the Charleston Naval Complex Redevelopment Authority.
34      This provision is comprehensive and supersedes any conflicting provisions concerning title and acquisition and disposition of
35   state owned real property whether in permanent law, temporary law or by provision elsewhere in this act.
                                                                                                                            PAGE 544

 1      The Budget and Control Board is directed to provide to the Department of Education, funds equal to the amount realized from
 2   the sale of the Greenville Halton Road Bus Shop property for school bus maintenance shop relocations, construction, and shop
 3   equipment.
 4      73.6. (SR: Marriage Penalty Relief) Except as otherwise provided, where reference is made to Section 12-6-40(A) of the 1976
 5   Code for purposes of Title 12 of the 1976 Code, any tax year that ends in 2004 or 2005 or for estate tax purposes any decedent
 6   dying in 2004 or 2005, ‘Internal Revenue Code’ means the Internal Revenue Code of 1986, as amended through December 31,
 7   2003, and includes the effective date provisions contained in it.
 8      For purposes of Sections 63 and 179 of the Internal Revenue Code, the amendments made by Sections 103 and 202 of the Jobs
 9   and Growth Tax Relief Reconciliation Act of 2003, P.L. 108-27 (May 28, 2003) are only effective for taxable years beginning in
10   2004 and 2005.
11      73.7. (SR: DMV Cash Surplus) The Department of Motor Vehicles shall transfer $4,000,000 to the State General Fund from
12   DMV Operating Subfund 3264.
13      In order to provide maximum flexibility to maintain critical programs, the department may, in lieu of the specific account
14   identified above, opt to transfer an equal amount of funds from any agency earmarked or restricted account designated as “special
15   revenue funds” as defined by the Comptroller General’s records for this purpose.
16      The above listed amount is transferred to the general fund of the state, and by this provision, this transfer is deemed to have
17   occurred and, notwithstanding any other provision of law, these general fund revenues are available for appropriation as provided
18   in this act. Any restrictions concerning specific utilization of these funds are lifted for the specified fiscal year.
19      73.8. (SR: Tobacco Settlement) Notwithstanding any other provision of law, and contingent upon the approval of the Tobacco
20   Settlement Revenue Management Authority and parties to the trust agreement, the State Treasurer shall transfer an amount equal to
21   $8,000,000 $10,500,000 from the unrestricted taxable proceeds portion of the principal of the Healthcare Tobacco Settlement Trust
22   Fund established pursuant to Section 11-11-170(B)(1) of the 1976 Code to the Department of Health and Human Services to be
23   expended as follows: $10,000,000 for Medicaid and $500,000 shall be transferred to the Department of Health and
24   Environmental Control for the Diabetes Management Project. The funds designated for this purpose shall be utilized to enhance
25   the capability of office-based medical practices to treat patients suffering from Type II Diabetes in the Lowcountry and Pee Dee
26   areas of the state. The State Treasurer is authorized and directed to transfer $425,000 to the Office of the Attorney General from
27   the Operating Contingency Account of the Tobacco Settlement Management Authority for the further enforcement of Chapter 47
28   of Title 11, The Tobacco Escrow Fund Act, which will protect the payments to the State under the Master Settlement Agreement.
29      73.9. (SR: Unobligated FY 05-06 General Fund Revenue) (A) The source of general fund revenue appropriated in this
30   provision is $449,544,844 of Fiscal Year 2005-06 unobligated general fund revenue as certified by the Board of Economic
31   Advisors. This revenue is deemed to have occurred and is available for use in Fiscal Year 2006-07 after September 1, 2006,
32   following the Comptroller General’s close of the state’s books on Fiscal Year 2005-06.
33      (B) From such Fiscal Year 2005-06 unobligated general fund revenues the appropriations in this provision are listed in priority
34   order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or subitem
35   in order is paid. Provided, however, that any individual item may be partially funded in the order in which it appears to the extent
36   that revenues are available.
                                                                                                                                                                     PAGE 545

 1   The following sums are appropriated for the purposes stated:
 2    (1) Trust Fund Repayment:
 3           (a) D17-Governor's Office OEPP
 4                Subfund 4892 Legacy Trust Fund ...................................................................................................... $1,801;
 5           (b) E12-Comptroller General’s Office
 6                Subfund 4007 Unemployment Compensation ............................................................................. $2,400,000;
 7           (c) E16-State Treasurer's Office
 8                (i) Subfund 4070 SC Housing Trust Fund .................................................................................. $6,475,569;
 9                (ii) Subfund 4693 Atmc Wste Brl Fd-Chm Nclr (Barnwell) ..................................................... $64,634,813;
10                (iii)Subfund 43A8 Barnwell Economic Development Fund........................................................... $596,616;
11                (iv) Subfund 4843 Local Option Sales Tax ..................................................................................... $163,568;
12                (v) Subfund 4955 911 Phone Surcharge ...................................................................................... $9,408,399;
13           (d) F03-Budget and Control Board
14                (i) Subfund 3774 Reserve Accounts ........................................................................................... $2,600,000;
15                (ii) Subfund 4161 Insurance Reserve Fund ................................................................................ $22,937,800;
16                (iii)Subfund 4161 Insurance Reserve Fund ............................................................................... $27,900,000;
17                (iv) Subfund 4202 State Life and LTD ......................................................................................... $4,099,594;
18           (e) J04-Department of Health and Environmental Control
19                (i) Subfund 3157 Environmental Protection Fnd, Subfund 4545 Waste Tire
20                     Grant Trust Fund, Subfund 4546 Petroleum Fnd................................................................... $4,000,000;
21                (ii) Subfund 3678 County Hazardous Waste Contingency Fund................................................. $1,000,000;
22                (iii)Subfund 4984 SUPERB Account ............................................................................................. $941,340;
23           (f) L32-Housing Finance and Development Authority
24                Subfund 4797 SHA Program Fund .............................................................................................. $1,617,784;
25           (g) R40-Department of Motor Vehicles
26                Subfund 3264 Operating Revenue ............................................................................................... $4,000,000;
27           (h) P28-Department of Parks, Recreation, and Tourism
28                Subfund 4126 PRT Development Fund .......................................................................................... $276,379;
29           (i) R12-State Accident Fund
30                (i) Subfund 4033 Workers’ Compensation Fund...................................................................... $13,354,722;
31                (ii) Subfund 4168 Escrow Funds ...................................................................................................... $22,257;
32           (j) R04-Public Service Commission
33                Subfund 3035 ............................................................................................................................... $1,900,000;
34           (k) R36-Department of Labor, Licensing, & Regulation:
35                (i) Subfund 3035 Operating Revenue ............................................................................................ $500,000;
36                (ii) Subfund 3135 POLA Revenue .............................................................................................. $1,997,509;
                                                                                                                                                                   PAGE 546

 1                   (iii)Subfund 3173 Education & Research Fund .............................................................................. $124,561;
 2                   (iv) Subfund 3730 Vacation Time Sharing Recognition ................................................................ $252,980;
 3                   (v) Subfund 4592 Auctioneer Recovery Fund ................................................................................ $136,899;
 4            (l) P32-Department of Commerce-Public Railways Commission:
 5                   (i) Subfund 4813 E Cooper & Berkeley RR ............................................................................... $2,193,850;
 6                   (ii) Subfund 4814 Operating & Maintenance ................................................................................. $745,277;
 7      (2) Unobligated Surplus in Part 1A........................................................................................................... $29,868,957;
 8      (3) E24-Adjutant General’s Office
 9               (a) Disaster Warehouse Supplies/Resources ..................................................................................... $2,030,000;
10               (b) Satellite Phones ................................................................................................................................. $70,000;
11      (4) H63-Department of Education
12               (a) Early Childhood - 4 Year Pre-Kindergarten Program ............................................................... $15,717,104;
13               (b) First Steps Early Childhood - 4 Year Pre-Kindergarten Program ............................................... $1,858,576;
14               (c) First Steps Early Childhood Initiative - Pilot Program - Materials, Grants, and Incentives ........ $4,000,000;
15               (d) School Transportation - Fuel ....................................................................................................... $9,784,856;
16               (e) Instructional Materials ................................................................................................................. $3,144,273;
17               (f) Governor’s School for Science and Mathematics ........................................................................... $500,000;
18               (g) Governor’s School for the Arts and the Humanities ....................................................................... $500,000;
19      (5) J12-Department of Mental Health
20               Veterans Nursing Homes - Colleton County...................................................................................... $2,400,000;
21      (6) F03-Budget and Control Board
22               (a) Veterans’ Cemetery ........................................................................................................................ $266,027;
23               (b) Mfg Alliance “Made in South Carolina” ....................................................................................... $500,000;
24               (c) EEDA Marketing & Communications ......................................................................................... $1,000,000;
25      (6.1) The Budget and Control Board shall utilize the $1,000,000 appropriated for EEDA Marketing & Communications to
26   support marketing and media communication initiatives that promote statewide community and parental involvement of the
27   Education and Economic Development Act. These funds shall not be transferred nor used for any other purpose.
28      (7) J02-Department of Health & Human Services
29               Latch Key Incorporated............................................................................................................................. $9,000;
30      (8) J04-Department of Health and Environmental Control
31               BabyNet .................................................................................................................................................. $32,500;
32      (9) J16-Department of Disabilities and Special Needs
33               (a) Residential Waiting List .............................................................................................................. $2,400,000;
34               (b) Crisis Prevention ........................................................................................................................ $6,000,000;
35               (c) Pervasive Developmental Disorder Pilot Project ......................................................................... $3,000,000;
36               (d) Transit Support ............................................................................................................................... $168,000;
                                                                                                                                                                  PAGE 547

 1       (9.1) The three million dollars appropriated to the Department of Disabilities and Special Needs, as the agency authorized to
 2   treat autistic disorder, shall be designated for a Medicaid pilot project to treat children who have been diagnosed by eight years of
 3   age with a pervasive developmental disorder. The pilot project must target the youngest ages feasible for treatment effectiveness,
 4   treatment for each individual child shall not exceed three years without a special exception as defined in the waiver, and
 5   reimbursement for each individual participant may not exceed $50,000 per year. The Department of Disabilities and Special Needs
 6   and the Department of Health and Human Services will determine the areas of the State with the greatest need and availability of
 7   providers. Children participating in the pilot project will be selected based upon an application system developed in compliance
 8   with the Medicaid waiver. Treatment will be provided as authorized and prescribed by the department according to the degree of
 9   the developmental disability. In authorizing and prescribing treatment the department may award grants or negotiate and contract
10   with public or private entities to implement intervention programs for children who have been diagnosed with a pervasive
11   developmental disorder. “Pervasive developmental disorder” means a neurological condition, including autistic disorder and
12   Asperger’s syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the
13   American Psychiatric Association. By June 30, 2007, the department shall report to the General Assembly and the Governor on
14   the developmental progress of the children participating in the pilot project. This provision does not establish or authorize creation
15   of an entitlement program or benefit.
16       (10) H87-State Library
17                 DISCUS Content Enhancement ............................................................................................................ $250,000;
18       (11) H91-Arts Commission
19                 Grants - Education, Arts & Cultural Tourism ....................................................................................... $585,000;
20       (12) H95-State Museum Commission
21                 Acquisitions/Collections ....................................................................................................................... $200,000;
22       (13) H15-University of Charleston
23                 Center for Partnerships to Improve Education ...................................................................................... $400,000;
24       (14) H59-State Board for Technical and Comprehensive Education
25                 (a) Center for Accelerated Technology Training .............................................................................. $1,200,000;
26                 (b) Allied Health Initiative ................................................................................................................ $3,706,698;
27       (15) K05-Department of Public Safety
28                 Hunley Security....................................................................................................................................... $23,292;
29       (16) N04-Department of Corrections
30                 Second Chance Barn ............................................................................................................................... $50,000;
31       (17) B04-Judicial Department
32                 Family & Circuit Court Travel ........................................................................................................... $1,000,000;
33       (18) U12-Department of Transportation
34                 Road and Infrastructure Improvements-Greenville ICAR ................................................................. $1,500,000;
                                                                                                                                                                  PAGE 548

 1       (18.1) The Department of Transportation is directed to transfer $1,500,000 to the City of Greenville for roadway infrastructure
 2   and related improvements between Laurens Road to Woodruff Road to facilitate ease of access from ICAR, Millennium Park, and
 3   other economic development projects located along this new business corridor and in the surrounding vicinity.
 4       (19) P16-Department of Agriculture
 5                Marketing & Promotions - SC Quality Program ................................................................................... $600,000;
 6       (20) P28-Department of Parks, Recreation, and Tourism
 7                African-American Civil War Reconstruction Society ............................................................................ $20,000;
 8       (21) P32-Department of Commerce
 9                Competitiveness Council ...................................................................................................................... $400,000;
10       (22) P28-Department of Parks, Recreation, and Tourism
11                (a) Charlestown Landing ................................................................................................................... $7,000,000;
12                (b) International Advertising ................................................................................................................ $500,000;
13                (c) Palmetto Trails ................................................................................................................................ $100,000;
14       (23) H18-Francis Marion University
15                Center for the Performing Arts .......................................................................................................... $7,000,000;
16       (24) H12-Clemson University
17                International Center for Auto Research ............................................................................................. $1,500,000;
18       (25) H27-University of South Carolina
19                (a) Congaree Initiative....................................................................................................................... $1,500,000;
20                (b) Palmetto Poison Control Center - Equipment................................................................................. $200,000;
21                (c) City of Columbia - Incubator Project ............................................................................................. $200,000;
22                (d) Small Business Development Centers ............................................................................................ $250,000;
23       (26) H12-Clemson University
24                Call Me Mister ................................................................................................................................... $1,300,000;
25       (27) H15-University of Charleston
26                (a) Real Estate Program ....................................................................................................................... $612,764;
27                (b) School of Business: Office of Tourism Analysis ............................................................................ $150,000;
28       (28) H24-South Carolina State University
29                (a) Transportation Center ..................................................................................................................... $748,365;
30                (b) Obesity Program ............................................................................................................................. $300,000;
31       (29) H15-University of Charleston
32                MRR Parity ........................................................................................................................................... $524,238;
33       (30) H09-The Citadel
34                MRR Parity ........................................................................................................................................... $141,326;
35       (31) H17-Coastal Carolina University
36                MRR Parity ........................................................................................................................................ $2,358,122;
                                                                                                                                                                   PAGE 549

 1       (32) H18-Francis Marion University
 2                MRR Parity ........................................................................................................................................... $172,989;
 3       (33) H21-Lander University
 4                MRR Parity ........................................................................................................................................... $174,252;
 5       (34) H24-South Carolina State University
 6                MRR Parity ........................................................................................................................................... $263,347;
 7       (35) H29-University of South Carolina-Aiken
 8                MRR Parity ........................................................................................................................................... $599,237;
 9       (36) H34-University of South Carolina-Upstate
10                MRR Parity ........................................................................................................................................ $1,877,675;
11       (37) H36-University of South Carolina-Beaufort
12                MRR Parity ........................................................................................................................................... $502,175;
13       (38) H37-University of South Carolina-Lancaster
14                (a) MRR Parity ..................................................................................................................................... $650,000;
15                (b) Repair/Renovation .......................................................................................................................... $200,000;
16       (39) H38-University of South Carolina-Salkehatchie
17                MRR Parity ........................................................................................................................................... $100,000;
18       (40) H39-University of South Carolina-Sumter
19                MRR Parity ............................................................................................................................................. $51,269;
20       (41) H40-University of South Carolina-Union
21                MRR Parity ............................................................................................................................................. $16,206;
22       (42) H47-Winthrop University
23                MRR Parity ........................................................................................................................................ $1,172,423;
24       (43) H51-Medical University of South Carolina
25                MRR Parity ........................................................................................................................................ $2,545,904;
26       (44) H53-Consortium Teaching Hospitals
27                MRR Parity ........................................................................................................................................... $511,979;
28       (45) H03-Commission on Higher Education
29                (a) GEAR-UP ....................................................................................................................................... $600,000;
30                (b) Statewide Electronic Library ....................................................................................................... $2,000,000;
31       (46) E21-Prosecution Coordination Commission
32                Victims and Witness Assistance Programs ........................................................................................ $1,800,000;
33       (46.1) The $1,800,000 appropriated for Solicitors Victim/Witness Assistance Programs must be apportioned among the circuits
34   on a per capita basis and based upon the official census of 2000. Payment must be made as soon after the beginning of each
35   quarter as practical.
36       (47) J04-Department of Health and Environmental Control
                                                                                                                                                             PAGE 550

 1               (a) SC Birth Defects Program .............................................................................................................. $244,250;
 2               (b) Vaccine Purchases for the Underinsured ..................................................................................... $2,357,390;
 3               (c) Beach Renourishment .................................................................................................................. $5,000,000;
 4               (d) Lakelands Rural Health Network - Electronic Records .................................................................... $98,000;
 5       (48) L04-Department of Social Services
 6               Boys & Girls Clubs ............................................................................................................................ $1,000,000;
 7       (49) H71-Wil Lou Gray Opportunity School
 8               (a) Software Update ............................................................................................................................... $68,000;
 9               (b) Operating Expenses ........................................................................................................................ $275,000;
10       (50) H79-Department of Archives and History
11               Civil War Sesquicentennial Commission ................................................................................................ $65,000;
12       (51) H95-State Museum Commission
13               Observatory, Planetarium, Theater (OPT ) ........................................................................................ $5,000,000;
14       (52) P20-Clemson University-PSA
15               Edisto Research and Education Center .............................................................................................. $1,000,000;
16       (53) P24-Department of Natural Resources
17               Vehicles for New Law Enforcement Officers ....................................................................................... $505,000;
18       (54) P32-Department of Commerce
19               (a) Closing Fund Competitive Recruitment ...................................................................................... $7,000,000;
20               (b) Capital Access Program ............................................................................................................... $3,000,000;
21       (55) J12-Department of Mental Health
22               (a) Patient Care Buildings Safety Renovations ................................................................................. $4,400,000;
23               (b) Crafts Farrow Renovation for Forensic Capacity ........................................................................ $2,560,000;
24               (c) Bryan Renovation for Crisis Capacity ......................................................................................... $1,250,000;
25       (56) B04-Judicial Department
26               Center for Fathers & Families Initiative ............................................................................................... $500,000;
27       (56.1) The $500,000 appropriated to the Judicial Department for the South Carolina Center for Fathers and Families must be
28   used by that organization to provide a pilot program for low-income fathers as an alternative to incarceration for nonpayment of
29   child support. The center shall use these funds to administer the program for unemployed or underemployed low-income fathers in
30   six fatherhood program sites around the state. These sites shall include any of the following: Conway, Richland County,
31   Lexington County, North Charleston, Georgetown, Lancaster, Great Falls, Bennettsville, Florence, Greenville, Spartanburg, and
32   Winnsboro. The pilot program shall assist low-income fathers in the current fiscal year with securing livable wage employment
33   within forty-five days of their admission into the program and provide other core fatherhood services, including parenting and job
34   retention skills. Fathers who are admitted into the program must be required to consistently make their monthly child support
35   payments, pay any monthly arrearage payments which are due, and attend weekly fatherhood meetings.
                                                                                                                                                                  PAGE 551

 1       The Center for Fathers and Families shall submit to the Senate Finance Committee and House Ways and Means Committee a
 2   complete detailed accounting for the expenditures of these funds by April 30, 2007. At a minimum the report shall consist of a line
 3   item listing of expenditures, personnel, site locations, the number program participants, and the number who successfully complete
 4   the program.
 5       (57) E21-Prosecution Coordination Commission
 6                Drug Court - 12th Circuit ...................................................................................................................... $150,000;
 7       (58) E23-Commission on Indigent Defense
 8                Operations & Maintenance ................................................................................................................... $200,000;
 9       (59) J04-Department of Health and Environmental Control
10                Smoking Prevention and Cessation .................................................................................................... $2,000,000;
11       (59.1) The Department of Health and Environmental Control shall utilize the funds appropriated for Smoking Prevention and
12   Cessation to implement such a program based upon the Center for Disease Control and Prevention’s best practices. These funds
13   shall not be transferred to other programs within the agency and when instructed by the Budget and Control Board or the General
14   Assembly to reduce funds within the department by a certain percentage, the department may not act unilaterally to reduce the
15   funds for the Smoking Prevention and Cessation Program provided for herein greater than such stipulated percentage.
16       (60) L36-Human Affairs Commission
17                Legal - Other Operating ............................................................................................................................ $9,591;
18       (61) H91-Arts Commission
19                Arts Facility Project .............................................................................................................................. $378,636;
20       (62) H03-Commission on Higher Education
21                (a) Manufacturing Extension Partnership ......................................................................................... $1,200,000;
22                (b) SREB .............................................................................................................................................. $269,000;
23       (63) H59-State Board for Technical and Comprehensive Education
24                (a) Technical College of the Lowcountry Nursing Program ................................................................ $250,000;
25                (b) Williamsburg - Repair/Renovation ................................................................................................. $300,000;
26       (64) D10-Governor's Office-State Law Enforcement Division
27                (a) Vehicles & Equipment for 10 new VICE Agents ........................................................................... $399,000;
28                (b) Vehicles & Equipment for 14 new Agents to Investigate ..................................................... Criminal Abuse
29                    at Residential Care Facilities .......................................................................................................... $558,600;
30       (65) K05-Department of Public Safety
31                Replacement of High Mileage Highway Patrol Vehicles .................................................................. $4,149,243;
32       (66) U12-Department of Transportation
33                Mass Transit ....................................................................................................................................... $1,300,000;
34       (67) P12-Forestry Commission
35                Mission Critical Functions ................................................................................................................. $1,000,000;
36       (68) U12-Department of Transportation
                                                                                                                                                                PAGE 552

 1                Port Access Road ............................................................................................................................... $5,000,000;
 2        (69) P28-Department of Parks, Recreation, and Tourism
 3                (a) Advertising .................................................................................................................................. $5,500,000;
 4                (b) Regional Tourism Districts ............................................................................................................. $550,000;
 5        (70) R28-Department of Consumer Affairs
 6                Computer Services ................................................................................................................................ $200,000;
 7        (71) E24-Adjutant General’s Office
 8                State Regional District Operations Program ......................................................................................... $203,088;
 9        (72) P32-Department of Commerce
10                Hydrogen/Fuel Cell Coalition and Equipment ........................................................................................ $81,230;
11        (73) F03-Budget and Control Board
12                RFP & Study of Statewide Assessments ............................................................................................ $1,000,000;
13        (73.1) The Budget and Control Board shall issue a request for proposal for the purpose of conducting a study on the feasibility
14   and cost of converting the state assessment program to a computer-based or computer-adaptive format. Funds appropriated herein
15   for the Statewide Assessment System shall be used to cover the cost of conducting the study.
16        (74) J04-Department of Health and Environmental Control
17                Trauma Center Fund .......................................................................................................................... $2,000,000;
18        (74.1) Of the funds appropriated to the Department of Health and Environmental Control for the South Carolina State Trauma
19   Care Fund, $2,000,000 shall be utilized for increasing the reimbursement rates for trauma hospitals, for trauma specialists’
20   professional fee, for increasing the capability of EMS trauma care providers from counties with a high rate of traumatic injury
21   deaths to care for injury patients, and for support of the trauma system, based on a methodology as determined by the department
22   with guidance and input from the Trauma Council as established in Section 44-61-530 of the South Carolina Code of Laws. The
23   methodology to be developed will include a breakdown of disbursement of funds by percentage, with a proposed 77% disbursed to
24   hospitals and trauma physician fees, 11% of the 21% must be disbursed to EMS providers for training EMTs, Advanced EMTs and
25   paramedics by the four regional councils of this state and the remaining 10% must be disbursed to EMS providers in counties with
26   high trauma mortality rates, and 2% allocated to the department for administration of the fund and support of the trauma system.
27   The Department of Health and Environmental Control shall promulgate regulations as required in Section 44-61-540 of the 1976
28   Code for the administration and oversight of the Trauma Care Fund.
29        (75) H63-Department of Education
30                Interpreter Recruitment and Training Program ....................................................................................... $50,000;
31        (76) H15-University of Charleston
32                Marine Genomics .................................................................................................................................. $603,000;
33        (77) F03-Budget and Control Board
34                (a) Confederate Relic Room................................................................................................................. $410,435;
35                (b) Operating Expenses ..................................................................................................................... $1,298,973;
36        (78) E04-Lieutenant Governor’s Office
                                                                                                                                                                PAGE 553

 1                Community Based Support Services - Office on Aging .................................................................... $2,900,000;
 2       (79) J02-Department of Health and Human Services
 3                (a) Physician Reimbursements .......................................................................................................... $3,000,000;
 4                (b) Rural Hospital Grants .................................................................................................................. $6,500,000;
 5                (c) Health Care Information Referral Network .................................................................................... $336,000;
 6       (80) J12-Department of Mental Health
 7                Charleston Center Administration Addition ...................................................................................... $1,500,000;
 8       (81) N04-Department of Corrections
 9                Medical Department Technology Upgrades ......................................................................................... $489,850;
10       (82) E23-Commission on Indigent Defense
11                (a) Conflict Fund .................................................................................................................................. $500,000;
12                (b) Criminal Domestic Violence Defense ............................................................................................ $460,000;
13       (83) F03-Budget and Control Board
14                (a) SC National Heritage Corridor ....................................................................................................... $250,000;
15                (b) Geodetic Mapping .......................................................................................................................... $250,000;
16                (c) Demolition of Park Buildings ......................................................................................................... $470,750;
17                (d) Facilities Management - Other Operating ........................................................................................ $35,000;
18                (e) SE Regional Settlement .................................................................................................................. $395,000;
19       (83.1) The Budget and Control Board shall utilize the $470,750 appropriated for “Demolition of Park Buildings” to contract for
20   the demolition of dilapidated buildings at the State Park area which have been determined to be unsafe. Any funds remaining after
21   the project has been completed shall be transferred to the General Fund.
22       (83.2) The Budget and Control Board shall transfer $35,000 to the Newberry County Sheriff’s Office for public safety
23   enhancements.
24       (84) F27-Budget and Control Board, State Auditor’s Office
25                (a) Other Operating .............................................................................................................................. $681,654;
26                (b) Contractual Services ......................................................................................................................... $39,550;
27       (85) X22-Aid to Subdivisions - State Treasurer
28                Aid Planning Districts ........................................................................................................................... $110,000;
29       (86) H95-State Museum Commission
30                (a) Cherokee County Museum ............................................................................................................. $450,000;
31                (b) York County Museum .................................................................................................................... $450,000;
32                (c) Chapman Cultural Center ............................................................................................................... $500,000;
33                (d) Spartanburg Memorial Auditorium ................................................................................................ $500,000;
34                (e) Coastal Discovery Museum ............................................................................................................ $400,000;
35                (f) Mauldin Cultural Center ................................................................................................................. $100,000;
36                (g) African-American Museum in Charleston ...................................................................................... $500,000;
                                                                                                                                                              PAGE 554

 1               (h) Myrtle Beach Children's Museum .................................................................................................. $750,000;
 2               (i) Imagine Nation: Children's Museum of the Upstate ....................................................................... $700,000;
 3               (j) Greer Museum ................................................................................................................................ $100,000;
 4               (k) Cayce Museum ................................................................................................................................. $50,000;
 5       (87) J02-Department of Health and Human Services
 6               (a) Hemingway Health Complex.......................................................................................................... $465,000;
 7               (b) Foothills Information Network ....................................................................................................... $500,000;
 8               (c) Federally Qualified Community Health Centers ......................................................................... $1,000,000;
 9               (d) Midlands Community Health Center .............................................................................................. $675,000;
10       (88) J12-Department of Mental Health
11               (a) Nurturing Center ............................................................................................................................... $90,000;
12               (b) Crisis Center of Marion, Florence, Darlington ............................................................................... $500,000;
13       (89) H87-State Library
14               (a) Barnwell County Library ................................................................................................................ $250,000;
15               (b) Boiling Springs Library Expansion ................................................................................................ $200,000;
16               (c) Society Hill Library ........................................................................................................................ $250,000;
17               (d) Public Library Construction Grants ................................................................................................ $100,000;
18       (90) F03-Budget and Control Board
19               Statehouse Grounds and Complex Upgrades and Improvements ...................................................... $6,000,000;
20       (91) N12-Department of Juvenile Justice
21               Coalition to Prevent Juvenile Crime-After School & Summer Programs ............................................. $500,000;
22       (91.1) The Department of Juvenile Justice is directed to transfer $500,000 to the Coalition to Prevent Juvenile Crime for use in
23   expanding after-school programs and establishing summer programs to combat gang activities, improve drop out statistics, and
24   prevent juvenile crime.
25       (92) U12-Department of Transportation
26               (a) Expansion Work on Hard Scrabble Road ....................................................................................... $200,000;
27               (b) Greenville County Street Drainage Improvements ......................................................................... $300,000;
28       (93) P24-Department of Natural Resources
29               (a) Savannah River Basin Compact ..................................................................................................... $250,000;
30               (b) Infrastructure Repairs ..................................................................................................................... $600,000;
31       (94) P28-Department of Parks, Recreation, and Tourism
32               (a) H. Cooper Black Field Trial & Recreation Area ............................................................................ $531,300;
33               (b) Dorchester County Youth and Senior Renovation Project ............................................................. $180,000;
34               (c) National Historic Register Site - Randolph Cemetery .................................................................... $175,000;
35               (d) Marion County Tourism Resource and Education Center .............................................................. $250,000;
36       (95) F03-Budget and Control Board
                                                                                                                                                                    PAGE 555

 1           (a) Weldon Auditorium ........................................................................................................................ $500,000;
 2           (b) Success Center Building ................................................................................................................. $100,000;
 3           (c) City of Georgetown - Business Revitalization & Promotion............................................................ $23,460;
 4           (d) Georgetown Marina ..................................................................................................................... $1,000,000;
 5           (e) City of Columbia - Streetscape .................................................................................................... $1,000,000;
 6           (f) Columbia Black Expo ..................................................................................................................... $200,000;
 7           (g) Camden First Community Development Program ......................................................................... $150,000;
 8           (h) Lexington County Water and Sewer ............................................................................................... $250,000;
 9           (i) East Camden Sewer System ........................................................................................................... $250,000;
10           (j) Police Substation Screaming Eagle Road ....................................................................................... $100,000;
11           (k) Drummond Center Erskine College Program Support ................................................................... $700,000;
12   (96) H47-Winthrop University
13           Tillman Hall Repair............................................................................................................................ $6,700,000;
14   (97) H51-Medical University of South Carolina
15           (a) Hollings Cancer Center................................................................................................................... $500,000;
16           (b) College of Dental Medicine ......................................................................................................... $7,000,000;
17   (98) J20-Department of Alcohol and Other Drug Abuse Services
18           The Phoenix Center ............................................................................................................................ $6,200,000;
19   (99) F03-Budget and Control Board
20           Tobacco Arbitration Settlement ......................................................................................................... $1,200,000;
21   (100) E23-Commission on Indigent Defense
22           Civil Appointments Fund ................................................................................................................... $1,500,000;
23   (101) H15-University of Charleston
24           Grice Marine Biology Laboratory ...................................................................................................... $4,000,000;
25   (102) P32-Department of Commerce
26           Competitive Grants ............................................................................................................................... $500,000;
27   (103) F03-Budget and Control Board
28           Competitive Grants ............................................................................................................................ $3,000,000;
29   (104) J04-Department of Health and Environmental Control
30           Competitive Grants ............................................................................................................................ $2,800,000;
31   (105) P28-Department of Parks, Recreation, and Tourism
32           Competitive Grants ............................................................................................................................ $3,000,000;
33   (106) E28-Election Commission
34           HAVA Training for Voters ................................................................................................................... $500,000;
35   (107) F03-Budget and Control Board
36           (a) Marion County Senior Center ......................................................................................................... $250,000;
                                                                                                                                                                   PAGE 556

 1                (b) Old Springfield High School Renovations ....................................................................................... $75,000;
 2       (108) U12-Department of Transportation
 3                Smart Ride Program - Newberry and Camden...................................................................................... $380,000;
 4       (109) P28-Department of Parks, Recreation, and Tourism
 5                Brookgreen Gardens Maintenance and Transportation ......................................................................... $108,000;
 6       (110) F03-Budget and Control Board
 7                Lake City Senior Center ........................................................................................................................ $200,000;
 8       (111) H37-University of South Carolina-Lancaster
 9                Repaving ............................................................................................................................................... $100,000;
10       (112) P21-South Carolina State University-PSA
11                (a) Lower Orangeburg/Upper Dorchester Community Development Corporation.............................. $150,000;
12                (b) Historical Analysis Study - African American Community Wealth Creation ................................ $150,000;
13       (113) P28-Department of Parks, Recreation, and Tourism
14                Marion County Recreation Facility ....................................................................................................... $100,000;
15       (114) H87-State Library
16                Olanta Library ....................................................................................................................................... $250,000;
17       (115) K05-Department of Public Safety
18                Sumter County Justice Assistance Grant ................................................................................................ $52,572;
19       (116) H63-Department of Education
20                First Steps Centers of Excellence ....................................................................................................... $2,000,000;
21       (116.1) Expand First Steps Centers Of Excellence child development centers through a two year pilot program serving at-risk
22   children ages zero to four beginning in the trial districts and expanding to the plaintiff districts.
23       (117) P32-Department of Commerce
24                Hartsville Railroad Project .................................................................................................................... $250,000;
25       (118) F03-Budget and Control Board
26                Hartsville Drainage Project ................................................................................................................... $200,000;and
27       (119) P16-Department of Agriculture
28                Jasper County Farmers Market ..............................................................................................................$200,000.
29     Entities that receive funding through item (95) subitems (a) through (k) listed under the Budget and Control Board are required
30   to submit a report to the Budget and Control Board, the Chairman of the Senate Finance Committee, and the Chairman of the
31   House Ways and Means Committee which contains a complete accounting for the expenditure of the funds received. Reports shall
32   be transmitted no later than 90 days after the close of the fiscal year in which funds were distributed.
33     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for
34   the same purposes.
35      73.10. (SR: Contingency Reserve Fund) (A) There is created in the State Treasury a fund separate and distinct from the general
36   fund of the State, the Capital Reserve Fund, and all other funds entitled the Contingency Reserve Fund. All general fund revenues
                                                                                                                                                          PAGE 557

 1   accumulated in a fiscal year in excess of general appropriations and supplemental appropriations must be credited to this fund.
 2   Revenues credited to this fund in a fiscal year may be appropriated by the General Assembly in its regular session in the year
 3   following the close of the applicable fiscal year. Revenues in this fund may be appropriated only for the purposes provided in
 4   subsection (B).
 5      (B)(1) If the balance in the general reserve fund established pursuant to Article III, Section 36 of the Constitution of this State
 6   and Section 11-11-310 of the 1976 Code is less than the required balance, there must be appropriated to it all amounts in the
 7   Contingency Reserve Fund up to the total necessary to replenish the general reserve fund. This amount does not replace or
 8   supplant the minimum replenishment amount otherwise required to be made to the general reserve fund.
 9        (2) After the appropriation of amounts required pursuant to item (1) of this subsection, any remaining balance may be
10   appropriated for or used to offset revenue reductions for:
11           (a) infrastructure improvements; and for purposes of this item, infrastructure includes, but is not limited to, fixed
12   transportation facilities, to include highway, rail, water, and air, and the basic facilities, services, and installations needed for the
13   functioning of government, to include water, sewer, and public sector communications;
14           (b) school buildings;
15           (c) school buses; and
16           (d) expenses incurred by this State as a result of natural or other disasters declared by the President of the United States.
17   Should the General Assembly not be in session during a declared disaster, the Budget and Control Board may, by unanimous
18   approval of its members, utilize the Contingency Reserve Fund to underwrite state government costs directly associated with the
19   disaster. Eligible costs include those costs associated with public safety personnel and equipment as well as funding match
20   requirements with the Federal Emergency Management Agency.
21        (3) Appropriations from the Fund must be made by means of a joint resolution.
22      73.11. (SR: Redirect FY 05-06 Increased Enforcement Collections) (A) Any excess revenue collected pursuant to Proviso
23   73.17 of the Fiscal Year 2005-06 General Appropriation Act after the listed items are fully funded shall be deposited in a fund
24   separate and distinct from the General Fund as established within the Office of the State Treasurer. This revenue is deemed to have
25   occurred and is available for use in Fiscal Year 2006-07.
26     (B) From such excess increased enforcement collections, the State Treasurer shall disburse the following funds:
27          F03-Budget and Control Board
28            (a) Central Carolina Allied Health Service Center .................................................................................. $2,000,000;
29            (b) Conway Maintenance Shop Renovations ........................................................................................... $1,000,000;
30            (c) Anderson County Health Department Roof Replacement and
31              Magistrate’s Court Building .................................................................................................................. $3,500,000;
32            (d) Edgefield Building Renovations ........................................................................................................... $300,000;
33            (e) Dorchester Interfaith Outreach Ministry Homeless Center and Soup Kitchen .................................... $250,000;
34       H59-State Board for Technical and Comprehensive Education
35            Horry-Georgetown Technical College ..................................................................................................... $1,000,000;
36       H12-Clemson University
                                                                                                                                                                 PAGE 558

 1            Infrastructure Repairs .................................................................................................................................. $900,000;
 2       H87-State Library
 3            Calhoun County Library ........................................................................................................................... $1,000,000;
 4       E24-Adjutant General’s Office
 5            (a) Hurricane Shelter Generator Connections.......................................................................................... $3,200,000;
 6            (b) Statewide Emergency Communication System .................................................................................... $500,000;
 7            (c) EMD-Hurricane Emergency Preparation, Planning and Response ....................................................... $250,000;
 8            (d) EMD-Dedicated Plans and Response.................................................................................................... $250,000;
 9       J12-Department of Mental Health
10            Williams Building Cooperative Ministries Homeless Shelter Renovation & Operation............................. $750,000;and
11       R44-Department of Revenue
12            Alternative Fuel and Fuel Efficiency Incentives .......................................................................................$7,050,000.
13     Any excess revenue collected after the above items are fully funded shall be credited to the South Carolina Budget and Control
14   Board Grants Program. No funds may be obligated from the South Carolina Budget and Control Board Grants Program after
15   September 30, 2006. Unexpended unobligated revenue in the grants program shall lapse to the General Fund and shall be available
16   for use in Fiscal Year 2006-07 as the General Assembly deems appropriate.
17     73.12. (SR: Unobligated FY 2006-07 General Fund Revenue) (A) The source of general fund revenue appropriated in this
18   provision is $431,929,588 of Fiscal Year 2006-07 unobligated general fund revenue as certified by the Board of Economic
19   Advisors and $34,355,384 of unobligated revenue lapsed to the General Fund in Fiscal Year 2006-07 from the South Carolina
20   Budget and Control Board Grants Program. This revenue is deemed to have occurred and is available for use in Fiscal Year
21   2007-08 after September 1, 2007, following the Comptroller General’s close of the state’s books on Fiscal Year 2006-07.
22     (B) From such Fiscal Year 2006-07 unobligated general fund revenues the appropriations in this provision are listed in
23   priority order beginning with item (1) and each separate appropriation item or subitem must be fully funded before the next item or
24   subitem in order is paid. Provided, however, that any individual item may be partially funded in the order in which it appears to
25   the extent that revenues are available.
26     The following sums are appropriated for the purposes stated:
27       (1) Unobligated Surplus in Part 1A .......................................................................................................... $62,019,971;
28       (2) E16-State Treasurer’s Office
29                Tuition Prepayment Program - Elimination of Unfunded Liability ................................................... 26,078,714;
30       (3) F30-Employee Benefits
31                OPEB Trust Fund............................................................................................................................... 16,079,104;
32       (4) H63-Department of Education
33                (a) 4-Year-Old Pre-Kindergarten Child Development Education Pilot Program .............................. 9,294,497;
34                (b) First Steps 4-Year-Old Pre-Kindergarten Child Development Education Pilot Program ............ 7,858,576;
35                (c) School Bus Purchase ..................................................................................................................... 7,684,062;
36                (d) School Transportation ................................................................................................................. 29,553,931;
                                                                                                                                                                    PAGE 559

 1           (e) Governor's School for the Arts - Classroom Equipment..................................................................... 75,000;
 2           (f) Governor's School for Science & Math - Technology Replacement ................................................... 64,042;
 3           (g) Instructional Materials ..................................................................................................................... 284,341;
 4           (h) Technology Initiative ..................................................................................................................... 2,000,000;
 5           (i) School Libraries............................................................................................................................. 1,000,000;
 6           (j) Boys & Girls Clubs ........................................................................................................................ 1,300,000;
 7           (k) EFA Reserve Fund ......................................................................................................................... 3,000,000;
 8           (l) Save The Children Rural Literacy Project........................................................................................ 500,000;
 9   (5)   J02-Department of Health and Human Services
10           (a) Rural Hospital Grants ................................................................................................................... 2,000,000;
11           (b) Prevention Partnership Grants ...................................................................................................... 2,000,000;
12           (c) Outpatient Hospital Rates .............................................................................................................. 2,432,127;
13           (d) Children's Health Insurance Program (CHIPS).......................................................................... 22,067,544;
14           (e) Federally Qualified Community Health Centers .............................................................................. 500,000;
15           (f) Physician Reimbursements ............................................................................................................ 3,000,000;
16   (6)   J04-Department of Health and Environmental Control
17           (a) Improve Water Quality ..................................................................................................................... 500,000;
18           (b) Food Service Inspections & Dairy Product Testing ......................................................................... 115,500;
19           (c) Infectious Disease Prevention - Tuberculosis & Sexually Transmitted Diseases............................... 30,000;
20           (d) AIDS Drug Assistance Program .................................................................................................... 3,000,000;
21           (e) Infant Mortality Reduction ................................................................................................................. 40,000;
22           (f) Prevention of Diabetes and Other Chronic Disease Disparities ..................................................... 120,000;
23           (g) Interstate Cooperation Monitoring Program ................................................................................... 578,000;
24           (h) Comprehensive Youth Tobacco Program & Cessation ................................................................. 2,000,000;
25           (i) Onsite Water Systems ......................................................................................................................... 46,750;
26           (j) Beach Renourishment .................................................................................................................... 5,000,000;
27           (k) Air Quality Improvement ................................................................................................................. 150,000;
28           (l) Oconee Hospital/EMS Center ........................................................................................................... 500,000;
29           (m) SUPERB Fund ............................................................................................................................... 5,000,000;
30           (n) Organ Donor Registry ...................................................................................................................... 573,800;
31           (o) Reedy River Restoration Project.................................................................................................... 2,092,500;
32           (p) Beach Outfall Pipe Removal .......................................................................................................... 5,000,000;
33           (q) Cherry Grove Inlet Dredging ........................................................................................................ 1,000,000;
34           (r) Camp Cherokee - Sewer Line ........................................................................................................... 200,000;
35           (s) Competitive Grants ........................................................................................................................ 2,800,000;
                                                                                                                                                                   PAGE 560

 1        (6.1) (Beach Outfall Pipe Removal) The funds allocated for Beach Outfall Pipe Removal shall be spent in accordance with
 2   the priorities list established by the Department of Health and Environmental Control. Each entity asking to receive funds is
 3   allowed a maximum of $2,000,000 and must provide a dollar for dollar match to obtain funds.
 4        (7) J16-Department of Disabilities and Special Needs
 5                (a) Pervasive Development Disorder Waiver ...................................................................................... 4,500,000;
 6                (b) Traumatic Brain or Spinal Cord Injury Post Acute Rehabilitation ............................................... 4,500,000;
 7                (c) SC Center for the Treatment of Genetic Diseases ......................................................................... 3,500,000;
 8                (d) Camp Spearhead ............................................................................................................................... 500,000;
 9        (8) J20-Department of Alcohol and Other Drug Abuse Services
10                Wisdom In Living Life Ministry............................................................................................................... 150,000;
11        (9) L04-Department of Social Services
12                (a) Child Support Enforcement ........................................................................................................... 5,290,526;
13                (b) Callen Lacy Center ........................................................................................................................... 200,000;
14                (c) Children In Crisis ............................................................................................................................. 100,000;
15                (d) Nurturing Center .............................................................................................................................. 100,000;
16                (e) Sea Haven ......................................................................................................................................... 100,000;
17                (f) Children's Advocacy Center ............................................................................................................. 700,000;
18                (g) Family Service Center - Adoption Services ...................................................................................... 100,000;
19                (h) Women In Unity Children’s Learning Center..................................................................................... 50,000;
20                (i) Direct Services Staffing Initiative .................................................................................................. 3,000,000;
21                (j) Direct Services Program Needs ..................................................................................................... 2,000,000;
22                (k) Child Care Vouchers ..................................................................................................................... 5,609,474;
23                (l) Edgefield County Children Helping Others...................................................................................... 100,000;
24        (9.1) (Children’s Advocacy Center) The $700,000 appropriated to the Department of Social Services for Children’s Advocacy
25   Centers must be distributed as follows: $300,000 to the Children’s Advocacy Center of Spartanburg for rehabilitation and
26   renovation of properties to provide additional therapy space for physically and sexually abused children, $200,000 to the Edisto
27   Children’s Center to fund the acquisition of a new building in order to help physically and sexually abused children, and $200,000
28   to the Lowcountry Children’s Center in Charleston for psychiatric care for physically abused children. The Children’s Advocacy
29   Center of Spartanburg, the Edisto Children’s Center, and the Lowcountry Children’s Center in Charleston shall submit to the
30   Senate Finance Committee and the House Ways and Means Committee a detailed accounting for the expenditure of these funds by
31   June 30, 2008.
32        (10) L24-Commission for the Blind
33                Rehabilitation .......................................................................................................................................... 125,000;
34        (11) H67-Educational Television Commission
35                (a) Education Satellite Services........................................................................................................... 1,400,000;
36                (b) Radio & Television Transmission ..................................................................................................... 485,000;
                                                                                                                                                                     PAGE 561

 1        (12) H71-Wil Lou Gray Opportunity School
 2                 (a) Computer Replacement ....................................................................................................................... 62,500;
 3                 (b) Asbestos Flooring - Containment/Removal ...................................................................................... 250,000;
 4                 (c) Recreational & Perimeter Lighting .................................................................................................... 50,000;
 5        (13) H75-School for the Deaf and the Blind
 6                 (a) Health Center................................................................................................................................. 1,076,213;
 7                 (b) Classroom Refurbishment ................................................................................................................. 300,000;
 8        (14) L12-John De La Howe School
 9                 Deferred Maintenance & Wilderness Camp ........................................................................................... 292,000;
10        (15) H03-Commission on Higher Education
11                 (a) Greenville Technical College ........................................................................................................ 1,123,000;
12                 (b) University Center of Greenville ..................................................................................................... 1,550,000;
13        (16) H27-University of South Carolina
14                 LightRail............................................................................................................................................... 1,500,000;
15        (17) H12-Clemson University
16                 LightRail............................................................................................................................................... 1,500,000;
17        (18) H54-Medical University of South Carolina
18                 LightRail............................................................................................................................................... 1,500,000;
19        (19) H24-South Carolina State University
20                 Transportation Center............................................................................................................................. 410,635;
21        (20) H18-Francis Marion University
22                 Center for the Performing Arts ............................................................................................................ 1,000,000;
23        (21) H59-Technical and Comprehensive Education Board
24                 (a) Allied Health Initiative................................................................................................................... 6,000,000;
25                 (b) Center for Accelerated Technology ............................................................................................... 4,200,000;
26                 (c) Nursing School - Sumter Tech ....................................................................................................... 1,000,000;
27                 (d) Technical Colleges Parity.............................................................................................................. 5,000,000;
28                 (e) Greenville Tech Northwest Campus Heritage Hall .......................................................................... 400,000;
29        (22) H79-Department of Archives and History
30                 (a) Electronic Archives Development ......................................................................................................... 9,000;
31                 (b) Public Access Upgrades ..................................................................................................................... 40,000;
32                 (c) Morris Island Lighthouse.................................................................................................................. 500,000;
33        (23) H91-Arts Commission
34                 Grants - Education, Arts and Cultural Tourism ..................................................................................... 585,000;
35        (23.1) (Grants - Education, Arts and Cultural Tourism) For the current fiscal year, the Arts Commission is prohibited from
36   utilizing funds appropriated for Education, Arts, and Cultural Tourism grants for personal services.
                                                                                                                                                                  PAGE 562

 1       (24) H95-State Museum Commission
 2                (a) Marketing............................................................................................................................................ 25,000;
 3                (b) Acquisitions......................................................................................................................................... 25,000;
 4                (c) Aiken Cultural Learning Center ....................................................................................................... 250,000;
 5                (d) Colleton Cultural Center .................................................................................................................. 285,000;
 6                (e) Edelman Cultural Center .................................................................................................................. 100,000;
 7                (f) SC Hall Of Fame ................................................................................................................................ 25,000;
 8                (g) OPT - Observatory, Planetarium, Theater .................................................................................... 2,000,000;
 9       (25) P16-Department of Agriculture
10                Bio Diesel & Ethanol Testing ................................................................................................................. 250,000;
11       (26) P20-Clemson University-PSA
12                Agribusiness, Biotech, Genetics .......................................................................................................... 3,600,000;
13       (27) P28-Department of Parks, Recreation, and Tourism
14                (a) Advertising - Statewide ................................................................................................................ 10,000,000;
15                (b) Destination Specific Advertising .................................................................................................. 10,000,000;
16                (c) Product Development .................................................................................................................. 10,000,000;
17                (d) Mount Pleasant Waterfront Park ...................................................................................................... 500,000;
18                (e) State Parks Asbestos Abatement .................................................................................................... 1,000,000;
19                (f) Parks And Recreation Development Fund (PARD) ....................................................................... 8,450,000;
20                (g) Mfg Alliance "Made in South Carolina" .......................................................................................... 750,000;
21                (h) Competitive Grants ........................................................................................................................ 3,000,000;
22                (i) Regional Tourism Districts ............................................................................................................... 550,000;
23                (j) Anderson County Parks & Recreation.............................................................................................. 800,000;
24                (k) Camp Croft State Park - Bridge ....................................................................................................... 250,000;
25       (27.1) (Advertising - Statewide) From the funds appropriated for Advertising - Statewide, the department shall use not less
26   than $10,000,000 for a general tourism marketing program. Of these funds, $500,000 shall be provided for international
27   marketing. The department shall measure the success of the marketing and public relations program, including the estimated
28   return on investment to the state. Promotional programs must be based on research-based outcomes. The department must use
29   the funds only for the purpose of general marketing and public relations designed to stimulate travel to the state. The department
30   shall provide an annual report by November 1 to the Chairmen of the Senate Finance Committee and the House Ways and Means
31   Committee on the expenditure of the funds and on the outcome measures.
32       (27.2) (Product Development) The funds appropriated to the Department of Parks, Recreation, and Tourism in this provision
33   for Product Development shall be used for a tourism product development program. The department shall develop tourist-
34   attracting clusters of activity statewide. The department shall measure the success of the tourism product development program,
35   including the estimated return on investment to the state. The department must use the funds only for the purpose of developing
36   tourist attractions within the state. The department shall provide an annual report by November 1 to the Chairmen of the Senate
                                                                                                                                                                  PAGE 563

 1   Finance Committee and the House Ways and Means Committee on the expenditure of the funds. In addition, $4,000,000 of the
 2   funds appropriated for Product Development shall be transferred to the Department of Agriculture, which shall be utilized for
 3   Agri-Tourism and Economic Development.
 4       (28) Department of Commerce
 5              (a) Closing Fund ................................................................................................................................. 7,000,000;
 6              (b) Myrtle Beach Fixed Base Operator ............................................................................................... 2,000,000;
 7              (c) Competitive Grants ........................................................................................................................... 500,000;
 8       (29) State Ports Authority
 9              Harbor Dredging ................................................................................................................................. 2,400,000;
10       (30) Judicial Department
11              (a) Court Technology .......................................................................................................................... 1,550,000;
12              (b) Travel ............................................................................................................................................. 1,000,000;
13       (31) Administrative Law Court
14              Staff Attorneys Operating Funds ............................................................................................................... 17,000;
15       (32) Governor’s Office-State Law Enforcement Division
16              (a) Investigative Services........................................................................................................................ 432,500;
17              (b) Forensic Services .............................................................................................................................. 963,100;
18              (c) Vehicle Replacement ...................................................................................................................... 1,870,000;
19       (33) Attorney General’s Office
20              Internet Sex Predator Prosecution .......................................................................................................... 255,000;
21       (34) Commission on Indigent Defense
22              (a) Civil Appointment Fund ................................................................................................................. 2,500,000;
23              (b) Defense Of Indigents Per Capita ................................................................................................... 2,000,000;
24              (c) Death Penalty Trial Unit .................................................................................................................. 500,000;
25       (35) Department of Corrections
26              (a) Facility Maintenance ..................................................................................................................... 4,000,000;
27              (b) Broad River 250 Bed Housing Unit- Operating Funds .................................................................... 150,000;
28              (c) Operating Funds - 16 Bed Lock-Up Units at MacDougall/Wateree Institutions ............................... 40,000;
29              (d) Vehicle/Communication Equipment Purchases/Replacements...................................................... 2,000,000;
30              (e) Second Chance Barn........................................................................................................................... 50,000;
31              (f) Greer Police & Courts Complex ...................................................................................................... 200,000;
32       (36) Department of Juvenile Justice
33              (a) Intensive Probation & Parole Supervision ......................................................................................... 42,671;
34              (b) Critical Transportation Needs .......................................................................................................... 123,142;
35              (c) Live-Scan Finger Print System ......................................................................................................... 120,000;
36              (d) Replacement of Obsolete Dormitories ........................................................................................... 7,660,374;
                                                                                                                                                                           PAGE 564

 1   (37) Law Enforcement Training Council
 2          (a) Firearms/Driving Instructor Operating Funds..................................................................................... 6,000;
 3          (b) Defensive Tactics Instructor Operating Funds ..................................................................................... 6,500;
 4          (c) Criminal Domestic Violence Training Unit .......................................................................................... 6,000;
 5          (d) Master Instructor Program................................................................................................................... 3,300;
 6          (e) Dormitory Renovation ................................................................................................................... 2,210,000;
 7          (f) Academy HVAC ............................................................................................................................. 1,000,000;
 8          (g) Weapons Range 1 & 2 And Shotgun Renovation ........................................................................... 1,000,000;
 9          (h) Renovation Of CJA Wrap-Around ................................................................................................. 1,000,000;
10   (38) Department of Public Safety
11          (a) Highway Traffic Enforcement - New Law Enforcement Officers Operating Funds ...................... 3,907,324;
12          (b) Fleet Rotation for Law Enforcement Officers ................................................................................ 5,000,000;
13   (39) Department of Natural Resources
14          (a) Law Enforcement .............................................................................................................................. 730,400;
15          (b) Marine Infrastructure .................................................................................................................... 5,000,000;
16          (c) Law Enforcement Equipment ............................................................................................................ 500,000;
17          (d) Freshwater Fish Hatchery Maintenance ....................................................................................... 2,165,000;
18          (e) Upgrade VHF Radio System .......................................................................................................... 5,000,000;
19          (f) Information Technology................................................................................................................. 2,500,000;
20          (g) Historic Houses & Structures ........................................................................................................ 2,200,000;
21   (40) Human Affairs Commission
22          Mediation .................................................................................................................................................. 13,075;
23   (41) Commission for Minority Affairs
24          (a) Administration .................................................................................................................................... 10,000;
25          (b) Technology/Software Maintenance..................................................................................................... 14,200;
26   (42) Department of Labor Licensing, and Regulation
27          (a) VSAFE Fire Fighter Grants ........................................................................................................... 3,000,000;
28          (b) Urban Search & Rescue ................................................................................................................... 983,850;
29   (43) Department of Transportation
30          (a) Smartride .......................................................................................................................................... 380,000;
31          (b) Reopen Rest Areas ............................................................................................................................ 723,000;
32          (c) Mass Transit .................................................................................................................................. 2,000,000;
33          (d) Aiken County Economic Development ........................................................................................... 1,760,000;
34          (e) County Transportation Committees Funding ................................................................................ 2,000,000;
35          (f) Salters Road Expansion Project .................................................................................................... 2,000,000;
36          (g) Traffic Safety Hazard Mitigation-St. Paul Church Road.................................................................. 150,000;
                                                                                                                                                                   PAGE 565

 1       (44) House of Representatives
 2                Technology Assessment ............................................................................................................................. 60,000;
 3       (45) Governor’s Office of Executive Policy and Programs
 4                (a) State Veterans' Cemetery .................................................................................................................... 15,000;
 5                (b) Children's Trust Fund ....................................................................................................................... 100,000;
 6       (46) Lieutenant Governor’s Office
 7                (a) Home & Community Based Services ............................................................................................. 1,400,000;
 8       (47) Adjutant General’s Office
 9                (a) Alternative Power Source For Shelters ......................................................................................... 2,920,000;
10                (b) SC Joint Communications Center Of Excellence........................................................................... 1,000,000;
11       (48) Election Commission
12                2008 Statewide Primary/Runoff Elections ........................................................................................... 3,473,000;
13       (49) Budget and Control Board
14                (a) SCEIS ............................................................................................................................................. 3,200,000;
15                (b) Competitive Grants ........................................................................................................................ 3,000,000;
16                (c) Westminster Town Hall Renovations ................................................................................................ 500,000;
17                (d) Third Army Water Line ..................................................................................................................... 500,000;
18                (e) City of Conway Storm Water Filtration ............................................................................................ 230,000;
19                (f) Service Contract For 800 MHz .................................................................................................... 15,667,729;
20                (g) Deferred Maintenance ................................................................................................................... 7,500,000;
21                (h) SC Health Information Data Systems ................................................................................................. 10,000;
22                (i) Liberty Industrial Development ........................................................................................................ 200,000;
23                (j) Census Promotion & Participation ............................................................................................... 1,000,000;
24       (49.1) (Deferred Maintenance) From the funds appropriated to the Budget and Control Board for deferred maintenance,
25   $365,000 must be transferred to the Adjutant General’s Office, Emergency Preparedness Division, for the replacement and
26   operation of the Emergency Communications Network.
27       (50) H24-South Carolina State University
28                Deferred Maintenance ......................................................................................................................... 1,500,000;
29       (51) Aid to Subdivisions-State Treasurer
30                Aid to Planning Districts ......................................................................................................................... 110,000;
31       (52) South Carolina Rural Infrastructure Authority
32                Grants & Loan Program .......................................................................................................................1,000,000.
33     Unexpended funds appropriated pursuant to this provision may be carried forward to succeeding fiscal years and expended for
34   the same purposes.
                                                                                                                            PAGE 566

1     73.13. (SR: Excess Debt Service Funds Carry Forward) Of the Fiscal Year 2006-07 Excess Debt Service funds carried forward
2   by provision in Section 68, Debt Service, the State Treasurer’s Office is directed to credit $5,895,419 to the General Fund in Fiscal
3   Year 2007-08 to be used as a source to support appropriations.
4
5                                                           END OF PART IB

				
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